Conway v. Otis

Massachusetts Appeals Court

Conway v. Otis

322 N.E.2d 420, 3 Mass. App. Ct. 702

CourtMassachusetts Appeals Court

DecidedJanuary 30, 1975

StatusPublished

Cited by2 cases

This text of 322 N.E.2d 420 (Conway v. Otis) is published on Counsel Stack Legal Research, covering Massachusetts Appeals Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Conway v. Otis, 322 N.E.2d 420, 3 Mass. App. Ct. 702 (Mass. Ct. App. 1975).

Pincite

Opinion

This is an appeal from a decree of a Probate Court in which title to land claimed by the plaintiff by right of adverse possession was determined to be in the defendant. The evidence is not reported; no report of material facts was requested and no voluntary findings of fact were made by the judge. The only question presented upon the record before us is whether the final decree fell within the scope of the pleadings. The defendant, in her answer by way of counterclaim, asserted her ownership in the land and prayed that a decree be entered establishing her title thereto. The entry of the decree imported a finding by the judge of every fact required to support it. Home Ins. Co. v. Marino, 359 Mass. 748 (1971). Herbits v. High-Speed Process Printing Corp. 1 Mass. App. Ct. 879 (1974), and cases cited.

Decree affirmed.

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This is an appeal from a decree of a Probate Court in which title to land claimed by the plaintiff by right of adverse possession was determined to be in the defendant. The evidence is not reported; no report of material facts was requested and no voluntary findings of fact were made by the judge. The only question presented upon the record before us is whether the final decree fell within the scope of the pleadings. The defendant, in her answer by way of counterclaim, asserted her ownership in the land and prayed that a decree be entered establishing her title thereto. The entry of the decree imported a finding by the judge of every fact required to support it. Home Ins. Co. v. Marino, 359 Mass. 748 (1971). Herbits v. High-Speed Process Printing Corp. 1 Mass. App. Ct. 879 (1974), and cases cited.

Decree affirmed.

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Bluebook (online)

322 N.E.2d 420, 3 Mass. App. Ct. 702, Counsel Stack Legal Research, https://law.counselstack.com/opinion/conway-v-otis-massappct-1975.

Opinion

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