Kimball v. Ellison
Massachusetts Supreme Judicial Court
Wbit oe entby to recover a parcel of land in Ipswich. Plea, nul disseisin. The case was submitted to the Superior Court, and, after judgment for the tenant, to this court, on appeal, on an agreed statement of facts, the substance of which appears in the opinion.
1Opinion of the CourtEndicott, J.
The agreed statement of facts renders it clear that it was the intention of the testator to make the demanded premises, which he purchased after the date of his will, part and parcel of his mansion-house estate. He removed the house and shop standing thereon, tore down the fences and made one garden with walks running through both original estates, and erected a greenhouse on the demanded premises, which was used in connection with the mansion-house. The whole thus became one parcel, with nothing to distinguish the demanded premises from the mansion-house estate, as it was at the date of the…
2Cases cited1 opinion
- Melcher v. ChaseMassachusetts Supreme Judicial Court · 1870
3Cited by5 opinions
- Gorton-Pew Fisheries Co. v. TolmanMassachusetts Supreme Judicial Court · 1912
- Patty v. GoolsbySupreme Court of Arkansas · 1888
- Bacon v. KennesonMassachusetts Supreme Judicial Court · 1935
- Sussex Trust Co. v. PoliteCourt of Chancery of Delaware · 1919
- Young v. MosherSupreme Judicial Court of Maine · 1916