Inhabitants of Enfield v. Woods
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on June 9, 1908, by the town of Enfield against Caroline D. Woods, the sole devisee under the will -of her late husband Cyrus F. Woods, to enjoin the defendant from removing a soldiers’ monument from a parcel of land of about three quarters of an acre known as-the “Common,” alleged to belong to the plaintiff and to have been acquired by an open, adverse and uninterrupted possession and use and occupation by the plaintiff of more…
Read the full summary
Bill in equity, filed in the Superior Court on June 9, 1908, by the town of Enfield against Caroline D. Woods, the sole devisee under the will -of her late husband Cyrus F. Woods, to enjoin the defendant from removing a soldiers’ monument from a parcel of land of about three quarters of an acre known as-the “Common,” alleged to belong to the plaintiff and to have been acquired by an open, adverse and uninterrupted possession and use and occupation by the plaintiff of more than ninety years. The answer alleged ownership of the land by the defendant. The defendant afterwards filed a plea to the…
1Opinion of the CourtLoring, J.
This case is before us on an appeal from a decree in favor of the plaintiff after all but one of the defendant’s excep*549tians to the master’s report had been overruled and after a plea to the jurisdiction also had been overruled.
The bill is brought by the town of Enfield as owner of the fee in a lot of land called the “Common,” to enjoin the defendant (who claimed to own the land) from removing from it a soldiers’ monument erected pursuant to a vote of the town.
The plea to the jurisdiction is based on the theory that St. 1904, c. 448, took away from the Superior Court its jurisdiction as a…
2Cases cited5 opinions
- Whitman v. ShawMassachusetts Supreme Judicial Court · 1896
- Hall v. MayoMassachusetts Supreme Judicial Court · 1867
- Proprietors of Pasture v. Inhabitants of IpswichMassachusetts Supreme Judicial Court · 1891
- Wheeler v. LairdMassachusetts Supreme Judicial Court · 1888
- Boston Water Power Co. v. HanlonMassachusetts Supreme Judicial Court · 1882
3Cited by18 opinions
- Sullivan v. Chief Justice for Administration & Management of the Trial CourtMassachusetts Supreme Judicial Court · 2006
- Champigny v. CommonwealthMassachusetts Supreme Judicial Court · 1996
- McArthur v. Hood Rubber Co.Massachusetts Supreme Judicial Court · 1915
- LaChance v. First National Bank & Trust Co.Massachusetts Supreme Judicial Court · 1938
- McGee v. VandeventerIllinois Supreme Court · 1927
13 more not listed; retrieve them via the Exa API.