Ela v. Yeaw

Citation158 Mass. 190,33 N.E. 511
PartiesELA v. YEAW et al.
Decision Date02 March 1893
CourtUnited States State Supreme Judicial Court of Massachusetts
COUNSEL

E.T. Burley, for appellant.

W.S. Knox, Charles U. Bell, and W E. Rowell, for appellees.

OPINION

ALLEN, J.

The levy was not rendered invalid by the misdescription of the length of the boundary line on Essex street. The monuments referred to were plain. On the east, the land was bounded by the westerly line of the railroad; northerly, about 90 feet, on Essex street; westerly, by an embankment 30 feet wide. There was but one embankment visible, its distance from the westerly line of the railroad being about 161 feet. To any one examining the premises, the eastern and western boundaries were obvious. By the original deed to the demandant, his lot was only 93.17 feet on Essex street. By subsequent arrangements with the Essex company, the position of the embankment at its northerly end, by Essex street, had been moved about 78 feet to the west, and a triangular lot, bounded about 78 on the north, had been conveyed to the demandant. The return of the officer refers to the demandant's original deed, and adds that his description is subject to any changes made by agreement in the boundary line of the embankment. The misdescription of the length of the northerly line is partly corrected by this reference, and, the existing monuments on both sides being plain, the misdescription does not avoid the levy, although the levy was by sale, and not by extent. There was no fraudulent intent to mislead. Baker v. Baker, 125 Mass. 7; Buffum v. Deane, 8 Cush. 35, Chappell v. Hunt, 8 Gray, 427; Noble v. Googins, 99 Mass. 231; George v. Wood, 7 Allen, 14.

2. The statement in the officer's return that he adjourned the sale, "deeming it for the interest of all parties concerned," is sufficient, without saying, also, that he deemed it "expedient." Sanborn v. Chamberlin, 101 Mass. 409, 417.

Judgment affirmed.

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  • Ela v. Yeaw
    • United States
    • United States State Supreme Judicial Court of Massachusetts
    • March 2, 1893
    ...158 Mass. 19033 N.E. 511ELAv.YEAW et al.Supreme Judicial Court of Massachusetts, Essex.March 2, Appeal from superior court, Essex county. Writ of entry by George W. Ela against Albin Yeaw and others. From a judgment for defendants, plaintiff appeals. Affirmed.[158 Mass. 192]E.T. Burley, for......

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