Commonwealth v. City of Roxbury
Massachusetts Supreme Judicial Court
Information of intrusion, filed by the attorney general on the 4th of April 1855, under the Rev. Sts. c. 108, to recover a parcel of flats in the Back Bay in Roxbury, more than one hundred yards below the line of high water mark The information averred that the Commonwealth on the 15tl of September 1852 11 was, and before that time ever had been the owner in fee of all the lands, channels and flats situated in the Back Bay, in the city of Roxbury, in the county of Norfolk in…
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Information of intrusion, filed by the attorney general on the 4th of April 1855, under the Rev. Sts. c. 108, to recover a parcel of flats in the Back Bay in Roxbury, more than one hundred yards below the line of high water mark The information averred that the Commonwealth on the 15tl of September 1852 11 was, and before that time ever had been the owner in fee of all the lands, channels and flats situated in the Back Bay, in the city of Roxbury, in the county of Norfolk in said commonwealth, lying below the line of riparian proprie torship and southerly of the main dam and avenue of the…
1Opinion of the CourtShaw, C. J.
[After stating the .substance of the pleadings, amendments and rule of reference, and reciting the report of the arbitrator.] The objection that the premises were not described in the information with sufficient certainty, we suppose, was removed by the amendments afterward made, and by the agreement in the rule of reference that the pleadings might be amended, if need be, so as to embrace all the conflicting claims, rights and interests of the parties within the bounds described in the resolve of 1852, c. 79.
Whether the town of West Roxbury was summoned in, or came in on its own motion, does…
2Cases cited29 opinions
- Martin v. Lessee of WaddellSupreme Court of the United States · 1842
- United States v. PerchemanSupreme Court of the United States · 1833
- Storer v. FreemanMassachusetts Supreme Judicial Court · 1810
- Peyroux and Others v. HOWARD AND VARION.Supreme Court of the United States · 1833
- Fowler v. ShearerMassachusetts Supreme Judicial Court · 1810
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3Cited by10 opinions
- Frank B. James v. James G. WattCourt of Appeals for the First Circuit · 1983
- Heston v. OuslerSupreme Court of New Hampshire · 1979
- Evelyn v. CommonwealthCourt of Appeals of Virginia · 2005
- Grill v. Meydenbauer Bay Yacht ClubWashington Supreme Court · 1963
- Bardes v. HermanNew York Supreme Court · 1909
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