Legal Opinion

Chester Emery Co. v. Lucas

Massachusetts Supreme Judicial Court

Decided September 15, 1873PublishedCited by 15 opinions

Tort. The action was originally brought against Heman S. Lucas and Charles Alden. The plaintiff afterwards discontinued as against Alden.

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Tort. The action was originally brought against Heman S. Lucas and Charles Alden. The plaintiff afterwards discontinued as against Alden. The declaration was as follows : “ And the plaintiff says the defendants on the first day of January A. D. 1870, and from thence on divers times and continually to the first day of February A. D. 1872, broke and entered the plaintiff’s close [describing it substantially in accordance with the description contained in the deed from Wright to Lucas hereinafter set forth] and took and carried away fifty thousand tons of emery and fifty thousand tons of iron…

1Opinion of the CourtColt, J.

The plaintiff’s title to the ores and minerals in question depends upon the point fixed as a starting point in the description given in the deeds under which it claims. That point is described as the “ centre oí the vein of iron ore ” on the southerly side of the lot. There was much controversy at the trial as to the existence of any such vein, and as to its true character and extent. Under the instructions given, the jury must have found either (1,) that there was in fact such a vein of iron ore crossing the line at the point claimed by the plaintiff and answering the demands of the deed;…

2Cases cited3 opinions

  1. Stoops v. SmithMassachusetts Supreme Judicial Court · 1868
  2. White v. FosterMassachusetts Supreme Judicial Court · 1869
  3. Putnam v. BondMassachusetts Supreme Judicial Court · 1868

3Cited by15 opinions

  1. Hunt v. City of BostonMassachusetts Supreme Judicial Court · 1903
  2. Gray v. HandyMassachusetts Supreme Judicial Court · 1965
  3. Haskell v. FriendMassachusetts Supreme Judicial Court · 1907
  4. Wilcox v. LucasMassachusetts Supreme Judicial Court · 1876
  5. Miles v. BarrowsMassachusetts Supreme Judicial Court · 1877

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