Morse v. Chase

26 N.E.2d 326, 305 Mass. 504, 127 A.L.R. 1037, 1940 Mass. LEXIS 832
CourtMassachusetts Supreme Judicial Court
DecidedMarch 27, 1940
StatusPublished
Cited by10 cases

This text of 26 N.E.2d 326 (Morse v. Chase) 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
Morse v. Chase, 26 N.E.2d 326, 305 Mass. 504, 127 A.L.R. 1037, 1940 Mass. LEXIS 832 (Mass. 1940).

Opinion

Ronan, J.

This is a petition to register the title to a lot of land in Dennis, lying between a road and Nantucket Sound, and bounded easterly by land of a registered owner and westerly by land of the respondent Chase (herein referred to as the respondent). The only matter in controversy is the location of this westerly bound, which separates the land of the petitioner from that of the respondent. The respondent appealed from a decision of the Land Court fixing this westerly bound by giving the petitioner a frontage of ninety feet upon the road.

One Wixon, who was the owner of a lot of land that included only the parcels now owned by the parties, conveyed it to one Nickerson, in 1894, by a deed that contained no measurements but fixed the easterly and westerly bounds in each instance by a row of marked trees. The distance between these rows of trees, and consequently the width of the entire lot, was one hundred eighty feet. Nickerson conveyed the land to one Edwards in 1906 by a deed giving a frontage on the road of thirteen and one half rods. Edwards sold the westerly portion of his land to Robbins in 1906. His deed bounded the land on the west by other land of Robbins, on the east by other land of the grantor, on the north by the road and on the south by the sea. The only measurements given were seven and one half rods on [506]*506the road and the same distance by the sea. After this description, the grantor added the statement: “this property is one-half of the premises formerly owned by Zelotes Wixon.” The respondent claims under this deed and now owns the land which it conveyed. The petitioner acquired his property from the devisees of Edwards in 1925, by a deed of the easterly portion of the Edwards land which described the land conveyed as bounded by the land of Thompson on the east, by the land of Crane (now claimed by the respondent) on the west, on the north by the road and on the south by the sea. The deed gave the frontage upon the road as one hundred eleven feet. After describing the lot by metes and bounds the deed read as follows: “being one half of the piece of property formerly owned by Bethia L. Nickerson. Being % of the same premises conveyed to Edwin H. Edwards from Bethia L. Nicker-son by deed dated Oct. 6, 1906, and recorded in Barnstable Registry of Deeds, Book 392, page 27.”

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Cite This Page — Counsel Stack

Bluebook (online)
26 N.E.2d 326, 305 Mass. 504, 127 A.L.R. 1037, 1940 Mass. LEXIS 832, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morse-v-chase-mass-1940.