Legal Opinion

Lumbard v. Trask

Massachusetts Supreme Judicial Court

Decided September 15, 1845PublishedCited by 1 opinion

Writ of entry to recover a small tract of land in Springfield, “ being part of the old road, as laid out and accepted by the -court of general sessions of the peace, holden at Springfield, in August 1760, leading from Springfield to Long-meadow, on the south side of Mill River,” &c.

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Writ of entry to recover a small tract of land in Springfield, “ being part of the old road, as laid out and accepted by the -court of general sessions of the peace, holden at Springfield, in August 1760, leading from Springfield to Long-meadow, on the south side of Mill River,” &c. At the trial before the chief justice, the demandants gave in evidence a deed of the demanded premises, made to them, on the 9th of April 1844, by the trustees of the school funds in the town of Springfield. They then proceeded to offer the following evidence to prove, either title in themselves, oi an authority…

1Opinion of the CourtDewey, J.

The legislature having, upon the petition of the inhabitants of the town of Springfield, enacted the St. of 1809, c. 86, authorizing the raising of a fund for the support of public schools in that town, the town took immediate measures to carry into effect the object of the statute, and by a vote passed on the 8th of May 1810, authorized the trustees of the school fund to sell such land, belonging to the town, “ as the selectmen shall, by writing under the hand of the major part of them, certify that it will be for the interest of said town to sell.” There can be no doubt but that it was…

2Cited by1 opinion

  1. DeRochemont v. HoldenSupreme Court of New Hampshire · 1954

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