Pettingell v. Boynton
Massachusetts Supreme Judicial Court
Writ oe entry, dated August 1, 1882, to recover that portion of Plum Island which lies in Newbury and Newburyport. Plea, nul disseisin. The tenant also filed a disclaimer as to so much of the demanded premises as lies “ southward of the old channel of the Merrimack River, viz.: where said river was in 1840, and previous to the formation of the present or new channel.”
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Writ oe entry, dated August 1, 1882, to recover that portion of Plum Island which lies in Newbury and Newburyport. Plea, nul disseisin. The tenant also filed a disclaimer as to so much of the demanded premises as lies “ southward of the old channel of the Merrimack River, viz.: where said river was in 1840, and previous to the formation of the present or new channel.” Trial in the Superior Court, before Bacon, J., who allowed a bill of exceptions, in substance as follows; There was no evidence that there was anything to indicate the location of the channel before 1840. The judge ruled, at the…
1Opinion of the CourtDevens, J.
In filing a partial disclaimer of land demanded, it is necessary for a tenant to describe that portion to which he disclaims title with the same particularity that is required of a demandant in his declaration, who must make his description of the land demanded so certain that seisin thereof may be delivered by the sheriff without reference to any description dehors the writ. A reference to deeds not set forth, which would be sufficient in a conveyance of land, will not constitute such a description. Atwood v. Atwood, 22 Pick. 283. Riley v. Smith, 9 Allen, 370. The presiding judge correctly…
2Cases cited2 opinions
- Perry v. WeeksMassachusetts Supreme Judicial Court · 1884
- Provident Institution for Savings v. BurnhamMassachusetts Supreme Judicial Court · 1880
3Cited by4 opinions
- Hubbard v. GodfreyTennessee Supreme Court · 1898
- Hillis v. O'KeefeMassachusetts Supreme Judicial Court · 1905
- Iuko v. HoltHawaii Supreme Court · 1893
- McGrath v. LynchMassachusetts Supreme Judicial Court · 1948