Reed v. Inhabitants of Acton
Massachusetts Supreme Judicial Court
Writ of entry to recover a parcel of land in West Acton. Plea, mil disseisin, with a specification of defence that the land was taken for a school-house in accordance with law. Trial in the Superior Court, without a jury, before Bacon, J., who allowed a bill of exceptions in substance as follows: The demandant’s original title and seisin, and the disseisin by the tenants were admitted.
Read the full summary
Writ of entry to recover a parcel of land in West Acton. Plea, mil disseisin, with a specification of defence that the land was taken for a school-house in accordance with law. Trial in the Superior Court, without a jury, before Bacon, J., who allowed a bill of exceptions in substance as follows: The demandant’s original title and seisin, and the disseisin by the tenants were admitted. The tenants claimed to justify the disseisin and their continued possession and occupancy of the premises only on the grounds set forth in their specification of defence. In support of this claim, and of their,…
1Opinion of the CourtMorton, J.
The’ town undertook to appropriate the demandant’s land for the purposes of a school-house. As the town is not divided into school-districts, the proceedings were intended to be had under the Gen. Sts. c. 38, §§ 377 38, and the town passed certain votes for the purpose of designating the land to be taken, the validity and effect of which are first to be considered. It is well settled that it is a condition precedent to the right to take land in this mode, that the town should, at a meeting legally called and held, determine the location of the schoolhouse, and designate generally the land to…
2Cases cited2 opinions
- Sherman v. TorreyMassachusetts Supreme Judicial Court · 1868
- Crosby v. Inhabitants of DracutMassachusetts Supreme Judicial Court · 1872
3Cited by4 opinions
- Byfield v. City of NewtonMassachusetts Supreme Judicial Court · 1923
- Revere Water Co. v. Inhabitants of WinthropMassachusetts Supreme Judicial Court · 1906
- Sawyer v. Manchester & Keene RailroadSupreme Court of New Hampshire · 1882
- Attorney General v. DoleMassachusetts Supreme Judicial Court · 1897