Wilson v. Hildreth
Massachusetts Supreme Judicial Court
Tort for breaking and entering the plaintiff’s close in Lunenburg. Trial in the Superior Court, before Dewey, J., who before verdict, by the consent of the parties, reported the case to this Court in substance as follows: To prove his title to the locus in quo, the plaintiff introduced at the trial his deed from one Willard, containing the following description: “ Beginning at the northwest comer of the premises, on the easterly side of the Northfield road, and at land of…
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Tort for breaking and entering the plaintiff’s close in Lunenburg. Trial in the Superior Court, before Dewey, J., who before verdict, by the consent of the parties, reported the case to this Court in substance as follows: To prove his title to the locus in quo, the plaintiff introduced at the trial his deed from one Willard, containing the following description: “ Beginning at the northwest comer of the premises, on the easterly side of the Northfield road, and at land of John M. E. Gilson; thence north 60¡° east by land of said Gilson, ninety-nine rods to a stake and stones; thence south…
1Opinion of the CourtEndicott, J.
The first boundary line described in the plaintiff’s deed extends from the Northfield road “ north 61° east by land of Gilson ninety-nine rods to a stake and stones.” No stake and stones are to be found on this line, or any other bound which can be said to determine the extent of the line, unless a rail fence twenty rods further north can be so regarded.
A stake and stones form a boundary or monument, frequently referred to in deeds, of a definite and distinct character; and such a boundary is not satisfied by a rail fence, unless from other portions of the deed it is clear that it was the…
2Cited by9 opinions
- Holmes v. BarrettMassachusetts Supreme Judicial Court · 1929
- Motley v. SargentMassachusetts Supreme Judicial Court · 1875
- Fulgenitti v. CariddiMassachusetts Supreme Judicial Court · 1935
- O'Herrin v. BrooksMississippi Supreme Court · 1889
- Yanish v. TarboxSupreme Court of Minnesota · 1892
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