Boston Mill Corp. v. Bulfinch
Massachusetts Supreme Judicial Court
This was an action of entry sur disseisin, to recover possession of the land described in the writ, of which the demandants allege that they were seised within thirty years, and have been disseised by the tenant.
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This was an action of entry sur disseisin, to recover possession of the land described in the writ, of which the demandants allege that they were seised within thirty years, and have been disseised by the tenant. Upon the general issue pleaded and joined, the action was tried at the last November term in this county, before Parker, J., from whose report it appears that the demandants proved their seisin of the mill-pond, so called, in Boston, within the time alleged, and that the same has been used by them, and those whose estates they have, time out of mind, for the purpose of working and…
1Opinion of the CourtSedgwick, J.
The tenant relies upon the statute of limitations. If the demandants have for thirty years been disseised, whatever their right might otherwise be, they cannot recover.
The occupation on which the tenant relies as a disseisin, has continued uninterrupted for more than thirty years; and the only question is, whether that occupation is a disseisin ? The occupation is by two buildings standing within five feet of each other. They stand upon piles driven into the ground. The water flows under these buildings, but neither boats nor rafts can pass under them. The vacant space between the buildings…
2Cited by8 opinions
- French v. PearceSupreme Court of Connecticut · 1831
- Sydnor v. PalmerWisconsin Supreme Court · 1871
- Small v. ProcterMassachusetts Supreme Judicial Court · 1819
- Town of Nantucket v. MitchellMassachusetts Supreme Judicial Court · 1930
- Lund v. ParkerSuperior Court of New Hampshire · 1824
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