Webber v. Cox
| Decision Date | 30 June 1926 |
| Citation | 153 N.E. 457,256 Mass. 595 |
| Parties | WEBBER v. COX. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
OPINION TEXT STARTS HERE
Exceptions from Land Court; Essex County.
Petition to register title to land by Agnes G. Webber against Helen Cox. Finding for petitioner, and respondent excepts. Exceptions overruled.
J. M. Hayes and E. N. Carpenter, both of Boston, for petitioner.
J. H. Kinney, of Boston, for respondent.
This is a petition to register title to a parcel of land situated on the corner of Nashua avenue and Parkhurst Court, Gloucester. The case is in this court on the respondent's exceptions to rulings of the judge of the land court, and to his refusal to rule as requested by the respondent.
The petitioner claimed as appurtenant to her land a right of way over a driveway known as Parkhurst Court. According to the findings of the judge of the land court, this driveway ran from Nashua avenue at an angle as shown on the petitioner's plan, and not in a straight line as contended by the respondent. The land of the respondent is on the easterly side of the driveway. It was found that one Ricker, in 1870, acquired a large tract of land which included the locus, the respondent's land and various other lots. In 1881 he conveyed to Samuel L. Ryan land adjoining the locus on the west. In 1886 Ricker conveyed to A. P. Parkhurst land which the respondent now holds. This deed refers to a plan to be recorded. In 1897, Ricker conveyed to Florence Lincoln the land to which the plaintiff claims title and asks to have registered. The conveyance to Ryan makes no reference to a plan; the deed to Lincoln does refer to a plan, which could not be found. It was also found that the plan put in evidence by the respondent showing the driveway to be straight was not a ground survey, was not drawn to scale, and showed no bearings or courses.
The judge viewed the premises and heard the testimony of witnesses. He found that the plaintiff has title to her land and as appurtenant thereto has rights of way in Parkhurst Court, that the respondent has as appurtenant to her land rights of way in the court, and that the locus is subject to a right of way to and from a well. These findings of fact are final. We cannot review them. Unless there was some error of law, the decision of the land court must stand. Marvel v. Cobb, 204 Mass. 117, 90 N. E. 413.Boston & Albany Railroad v. Reardon, 226 Mass. 286, 291, 115 N. E. 408.
The facts were in dispute; it was a case where the testimony of witnesses had to be weighed. See Hartt v. Rueter, 223 Mass. 207, 212, 111 N. E. 1045. There was no error in refusing the respondent's first and second requests. The fact that the plan relied on by the respondent, referred to in the deed from Ricker to Parkhurst shows Parkhurst Court to run in a straight line is not conclusive. The conveyance to Ryan on the west of the petitioner's land made no reference to any plan. There was no error in finding that the Ryan lot was a...
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Erickson v. Ames
...weight will be given to the findings made. Atlantic Maritime Co. v. Gloucester, 228 Mass. 519, 521, 522, 117 N. E. 924;Webber v. Cox, 256 Mass. 595, 597, 153 N. E. 457. There is much to support the main contention of the respondents that upon the state of the law as it had been prior to 182......
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Sutcliffe v. Burns
... ... 286, ... 291, 115 N.E. 408; Hart v. Deering, 222 Mass. 407, ... 409, 111 N.E. 37; G.L.(Ter.Ed.) c. 185, § 15. Compare ... Hobart v. Weston, 223 Mass. 161, 167, 111 N.E. 779; ... Hurlbut Rogers Machinery Co. v. Boston & Maine R ... Co., 235 Mass. 402, 403, 126 N.E. 789; Webber v ... Cox, 256 Mass. 595, 597, 598, 153 N.E. 457; Holmes ... v. Barrett, 269 Mass. 497, 500-502, 169 N.E. 509; ... Langevin v. Fletcher, 273 Mass. 543, 547, 174 N.E ... 194; Gagne v. Chicopee, 278 Mass. 121, 124, 179 N.E ... 680.The petitioner cannot prevail here on the theory that his ... ...
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Inhabitants of Nantucket v. Mitchell
...accepted as final. Curtis v. Brown, 219 Mass. 157, 159, 106 N. E. 569;Bessey v. Ollman, 242 Mass. 89, 91, 136 N. E. 176;Webber v. Cox, 256 Mass. 595, 597, 153 N. E. 457;Erickson v. Ames, 264 Mass. 436, 441,162 N. E. 70. The circumstance that the respondent entered upon the disputed parcel u......
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Holmes v. Barrett
...118 Mass. 572, 578.Temple v. Benson, 213 Mass. 128, 132, 100 N. E. 63;Van Ness v. Boinay, 214 Mass. 340, 101 N. E. 979;Webber v. Cox, 256 Mass. 595, 153 N. E. 457; Any competent evidence may be considered in determining the true boundary line between adjoining owners. Frost v. Spaulding, 19......