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eBook details

• Title: Holmes Et Al. v. Barrett
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 06, 1930
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

SANDERSON, J. This is a petition filed in the land court to register title to land in Little Cromesett Neck, in the town of
Wareham. The respondent owns land south of and adjoining that of the petitioners, and the sole matter now in dispute is with
reference to the location of the southerly boundary of the petitioners' land. Decisions of questions of fact by the land court
are final and only questions of law apparent in the record can be reviewed by this court. G. L. c. 185, § 15; Bessey
v. Ollman, 242 Mass. 89, 91, 136 N.E. 176; Moss v. Old Colony Trust Co., 246 Mass. 139, 140 N.E. 803; Allen v. Wood, 256 Mass.
343, 348-349, 152 N.E. 617; Crawford v. Roloson, 262 Mass. 527, 160 N.E. 303. The parties agreed that their lands were to
be classed in law as 'wild land' until within the last three or four years, and it is not contended that either party could
have gained a title to the disputed area by adverse possession. See Parker v. Parker, 1 Allen, 245; McDonough v. Everett,
237 Mass. 378, 384, 129 N.E. 691. Conveyances in the petitioners' chain of title describe the most southerly course on the easterly boundary concerning which
the controversy in part arises as 'South 40deg. East 14 rods to Swift's corner by the meadow,' or by other designation with
the same meaning. The southerly line is described as having a specified course and distance and bounding on the Swift land
or line. It is agreed that Swift was the predecessor in title of the respondent and that the Swift line is the northerly line
of her property. The Judge of the land court decided that the Swift line was at a point which would extend the easterly boundary
course referred to about two hundred feet and increase the area called for in the deed to the petitioners by about five acres.

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