Spalding v. Inhabitants of Chelmsford
Massachusetts Supreme Judicial Court
Writ of entry to recover a parcel of land in Chelmsford. Plea, nul disseisin, with a specification of defence that the lot was taken for a school-house in accordance with law. Trial in this court, before Devens, J., who reported the case for the consideration of the full court. The material facts appear in the opinion.
1Opinion of the CourtMorton, J.
In Harris v. Marblehead, 10 Gray, 40, it was held that, under the St. of 1848, c. 237, in a town not divided into school-districts, it was necessary that the town should *394designate a suitable place for the erection of a school-house, by a vote at a legal meeting duly recorded, before the selectmen could legally proceed to select and lay out a lot for that purpose. The same point was adjudged in Crosby v. Dracut, 109 Mass. 206, which was decided under the Gen. Sts. c. 38, § 38.
These cases are decisive of the case at bar. The only action of the town, under which they justify the taking of the…
2Cases cited1 opinion
- Crosby v. Inhabitants of DracutMassachusetts Supreme Judicial Court · 1872
3Cited by1 opinion
- Trustees of Reservations v. Town of StockbridgeMassachusetts Supreme Judicial Court · 1965