Clark v. Faunce

Massachusetts Supreme Judicial Court

Clark v. Faunce

21 Mass. 245

CourtMassachusetts Supreme Judicial Court

DecidedOctober 27, 1826

StatusPublished

This text of 21 Mass. 245 (Clark v. Faunce) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Clark v. Faunce, 21 Mass. 245 (Mass. 1826).

Pincite

Opinion

Per Curiam.

We think the instruction of the judge was fight. Under, the circumstances proved, the presumption that [257]*257a grant had been made to Joseph Faunce was certainly violent. The counsel for the demandant is right, in supposing that mere adverse possession for twenty years, though sufficient for the presumption of a grant of an easement, will not raise a presumption of title by grant to land;* ¹ but such a presumption may be drawn from other facts, and the possession under such circumstances is strongly corroborative of the presumption.

Judgment according to verdict.

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Per Curiam.

We think the instruction of the judge was fight. Under, the circumstances proved, the presumption that [257]*257a grant had been made to Joseph Faunce was certainly violent. The counsel for the demandant is right, in supposing that mere adverse possession for twenty years, though sufficient for the presumption of a grant of an easement, will not raise a presumption of title by grant to land;* ¹ but such a presumption may be drawn from other facts, and the possession under such circumstances is strongly corroborative of the presumption.

Judgment according to verdict.

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Bluebook (online)

21 Mass. 245, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clark-v-faunce-mass-1826.