O' Connell v. Bryant
This text of 121 Mass. 557 (O' Connell v. Bryant) 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.
Opinion
By a general and now well established rule of construction, the boundary “ on the county road ” would include the fee in the land to the middle of the road, if owned by the grantor; and the first part of the description, “ beginning on [558]*558the southerly side of ” that road, being the only clause in the deed that raises any ambiguity, does not refer to any fixed monument at the edge of the road, and may have effect as indicating on which side of the road the land lay, and is not, in our opinion, sufficient to take the case out of the general rule, Boston v. Richardson, 13 Allen, 146. White v. Godfrey, 97 Mass. 472. Peck v. Denniston, ante, 17. Exceptions sustained.
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Cite This Page — Counsel Stack
121 Mass. 557, 1877 Mass. LEXIS 47, Counsel Stack Legal Research, https://law.counselstack.com/opinion/o-connell-v-bryant-mass-1877.