Attorney General v. Herrick
Massachusetts Supreme Judicial Court
Information by the Attorney General, filed January 14, 1903, under R. L. c. 188, to recover Loon Island in Chebacco Pond in the town of Hamilton, alleged to have been unlawfully entered upon and held by the defendant. In the Superior Court the case was referred to Alden P. White, Esquire, as auditor. Later the case came on for trial before Lawton, J. No evidence except the auditor’s report was introduced.
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Information by the Attorney General, filed January 14, 1903, under R. L. c. 188, to recover Loon Island in Chebacco Pond in the town of Hamilton, alleged to have been unlawfully entered upon and held by the defendant. In the Superior Court the case was referred to Alden P. White, Esquire, as auditor. Later the case came on for trial before Lawton, J. No evidence except the auditor’s report was introduced. The judge found, that, if under the order of reference any finding of facts by him was necessary, the facts were as stated in the auditor’s report, and ruled pro forma that on these facts…
1Opinion of the CourtKnowlton, C. J.
This is. an information' brought by the Attorney General under the R. L. c. 188, to recover an island in Chebacco Pond, in the town of Hamilton, recently entered upon and held by the défendant. The question is whether, as against an intruder, the Commonwealth has a title to this island in a great pond, no part of which has ever been granted or conveyed by the town in which it is situated, or by the Colony, the Province or the Commonwealth, unless it be held that recognition of the town by the Colony, before the adoption of the Body of Liberties of 1641-47, was a grant which "finally…
2Cases cited13 opinions
- Canal Commissioners v. PeopleCourt for the Trial of Impeachments and Correction of Errors · 1830
- Paine v. WoodsMassachusetts Supreme Judicial Court · 1871
- Attorney General v. Jamaica Pond Aqueduct Corp.Massachusetts Supreme Judicial Court · 1882
- Lunt v. HollandMassachusetts Supreme Judicial Court · 1817
- People v. WarnerMichigan Supreme Court · 1898
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3Cited by8 opinions
- Butler v. Attorney GeneralMassachusetts Supreme Judicial Court · 1907
- Stimson v. Inhabitants of BrooklineMassachusetts Supreme Judicial Court · 1908
- Inhabitants of Lynnfield v. Inhabitants of PeabodyMassachusetts Supreme Judicial Court · 1914
- State v. QuattropaniSupreme Court of Vermont · 1926
- Flagg v. Inhabitants of ConcordMassachusetts Supreme Judicial Court · 1916
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