Silsbee v. City of Salem
Massachusetts Supreme Judicial Court
Petition filed December &, 1866, under the Gen. Sts. c. 134, §§ 49, 50,* §to quiet the title to a parcel of land on Forrester Street in Salem, of which the petitioners alleged that they were in possession and were seised in fee simple. The answer denied their seisin and possession; and alleged that on the contrary the respondents were seised and possessed of the land.
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Petition filed December &, 1866, under the Gen. Sts. c. 134, §§ 49, 50,* §to quiet the title to a parcel of land on Forrester Street in Salem, of which the petitioners alleged that they were in possession and were seised in fee simple. The answer denied their seisin and possession; and alleged that on the contrary the respondents were seised and possessed of the land. On a hearing at April term 1868, a decree was made, that, “ it appearing to the court that the petitioners were, at the time of the commencement of said petition, in possession of the premises described in said petition,…
1Opinion of the CourtChapman, C. J.
The respondents have obeyed the order of the court so far as to bring an action; but they have not proceeded to try the title. The case came on for trial, and, as they produced no evidence, the court ordered a nonsuit. According to our practice, such an order against a party in court was irregular ; but, as no exception was taken, the respondents must be regarded as having assented to it. Motion granted.
2Cited by2 opinions
- May v. New England RailroadMassachusetts Supreme Judicial Court · 1898
- Brown v. MatthewsMassachusetts Supreme Judicial Court · 1875