Barker v. Barrows
| Decision Date | 27 February 1885 |
| Citation | 138 Mass. 578 |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
| Parties | Annette Barker & another v. Henry F. Barrows |
Argued October 28, 1884.
Bristol.
Writ of entry, dated February 15, 1883, to recover a parcel of land in Attleborough. Plea, nul disseisin. Trial in the Superior Court, without a jury, before Gardner, J., who reported the case for the determination of this court, in substance as follows:
The demandants offered in evidence a warranty deed from Samuel Richards to Elihu Daggett, dated and recorded on August 15 1829, of certain land, including the demanded premises; also a quitclaim deed from Elihu Daggett to Jesse F. Richards, the father of the demandants, dated December 29, 1829, and recorded January 2, 1830, which the judge found included the demanded premises. The demandants are the children and only heirs at law of Jesse F. Richards, who lived in North Attle borough, and died intestate in 1882.
The tenant offered in evidence a deed of the demanded premises dated July 3, 1837, and recorded March 1, 1843, by which Elihu Daggett conveyed unto the "inhabitants of School District No. Four, their successors and assigns forever," the demanded premises. The deed contained after the description of the premises, the words, "Said lot of land to be used, occupied, and improved by said inhabitants as a school-house lot, and for no other purpose." The habendum of the deed was "to the said inhabitants, their successors and assigns, to them and their use and behoof forever." The deed also contained full covenants of seisin, of freedom from incumbrances, and of warranty.
The tenant also offered in evidence a warranty deed of the demanded premises, from said school district to the tenant, dated and recorded on September 20, 1882, which contained no restrictions as to the use of the lot; also a deed from Lyman W. Daggett, heir at law of said Elihu, to Handel N. Daggett, dated September 16, 1882, and recorded September 20, 1882, conveying all the right, title, and interest of said Lyman in the demanded premises; also a deed from said Handel N. to the tenant, dated September 16, 1882, recorded September 20, 1882, conveying the same right, title, and interest set out in the deed of Lyman to Handel.
It was admitted at the trial, "that a school-house has been on this lot and a school has been kept there; that, since 1837, School District No. 4 has had exclusive use of the locus for school purposes; and that the district has taken exclusive care of it." It was in evidence that, since said school district conveyed to the tenant in September, 1882, the premises have not been used for school purposes; and that the school-house thereon was removed before the demandants brought this action.
There was no evidence that Jesse F. Richards, since 1837, ever possessed, occupied, had seisin of, or controlled, the demanded premises, or that its possession by the district (admitted by the parties as above stated) was ever disputed by any one, or was by the license or permission of any one, except so far as appears from the evidence herein stated, or may properly be inferred therefrom.
Each party contended that, as...
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