Duff v. Leary
Massachusetts Supreme Judicial Court
Writ of entry, dated May 29, 1884, to recover a parcel of land on Oak Street in Boston. Plea, nul disseisin. The action was brought in accordance with the decision in Leary v. Luff, 137 Mass. 147, and trial was had in the Superior Court, before Thompson, J., who allowed a bill of exceptions, in substance as follows.
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Writ of entry, dated May 29, 1884, to recover a parcel of land on Oak Street in Boston. Plea, nul disseisin. The action was brought in accordance with the decision in Leary v. Luff, 137 Mass. 147, and trial was had in the Superior Court, before Thompson, J., who allowed a bill of exceptions, in substance as follows. It appeared that one John Duff, the father of the demandants and the uncle of the tenant, on April 30, 1859, bought the demanded premises subject to a mortgage which he assumed and agreed to pay; that on May 2, 1864, he paid off the mortgage, which was duly discharged of record ;…
1Opinion of the CourtKnowlton, J.
The dwelling-house which constitutes the demanded premises became the property of John Duff by a deed dated April 30, 1859. He died on October 26, 1880, and the demandants are two of his children, who hold, under his will and by a deed from their brother John R. Duff, the title which he had at the time of his death. They are entitled to recover, unless the tenant has acquired a title by adverse possession.
The tenant testified, and introduced to corroborate her the testimony of her brother and sister, that John Duff, who was her mother’s brother, made to her a verbal gift of the demanded…
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