Spaulding v. Nourse
Massachusetts Supreme Judicial Court
Tort, for breaking and entering the plaintiff’s close in West-borough. Writ dated December 15, 1885. Answer, a general denial. The case was submitted to the Superior Court, on an agreed statement of facts, in substance as follows: The plaintiff was at the time of the alleged trespass the owner in fee of a certain tract of land in the town of West-borough, the title to which she derived through mesne conveyances from Moses Gr.
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Tort, for breaking and entering the plaintiff’s close in West-borough. Writ dated December 15, 1885. Answer, a general denial. The case was submitted to the Superior Court, on an agreed statement of facts, in substance as follows: The plaintiff was at the time of the alleged trespass the owner in fee of a certain tract of land in the town of West-borough, the title to which she derived through mesne conveyances from Moses Gr. Davis and Edwin Bullard, who were the owners in fee of said premises in the year 1856 and previously. The selectmen of Westborough, on August 23, 1856, located a road…
1Opinion of the CourtGardner, J.
By the Rev. Sts. c. 24, § 70, a town at a meeting regularly called for that purpose may discontinue any town way or private way. Under this statute the town of West-borough, in November, 1856, voted to discontinue a strip of land one half a rod in width upon the side of a town way “ on Davis *492and Bullard’s land, and thence to land of R. G. Holmes to a point.” The plaintiff is now the owner of land then of Davis and Bullard. The legality of the vote of the town was disputed, upon the ground that the town could have discontinued the way altogether for the whole or any part of its length, but,…
2Cases cited8 opinions
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- Foster v. President of the Essex BankMassachusetts Supreme Judicial Court · 1819
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- Allen v. ArmstrongSupreme Court of Iowa · 1864
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3Cited by10 opinions
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- Nichols v. Commissioner of Public WelfareMassachusetts Supreme Judicial Court · 1942
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- Natick Gas Light Co. v. Inhabitants of NatickMassachusetts Supreme Judicial Court · 1900
- In re Mayor of NorthamptonMassachusetts Supreme Judicial Court · 1893
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