268 Mass. 162 | Mass. | 1929
This is a petition to register title to a parcel of land in Lynn. The respondents contend that the southeasterly part of the locus is a portion of a public way.
A law enacted in 1802 incorporating the Salem and Chelsea Bridge Turnpike provides that: “open uninclosed ground shall be at least four rods wide on the upland, and eight rods wide at least (including the canals) on the marsh . . . throughout the whole length of said road over said marsh . . . and the made-way or path for travelling shall be of sufficient width, and not less than twenty four feet wide, in any part thereof, and over the marsh not less than thirty feet wide within the railings . . . .” St. 1868, cc. 309 and 335, provide for a laying out of a public way over the way and bridges of the Salem Turnpike and Chelsea Bridge Corporation. In 1869' William M. Newhall conveyed to Cheever and Charles Newhall a parcel of land in Lynn bounded: “Southeasterly by land of the Salem Turnpike, about twenty-three (23) rods; Southwesterly by land now or late of David Pingree Heirs, six (6) rods; Northwesterly by land now or late of Thomas B. Newhall, about twenty-three (23) rods, and Northeasterly by a street (now known as Cooper Street) from River Street to Salem Turnpike, about five (5) rods.” In 1871 Cheever and Charles Newhall conveyed a parcel with the same description to George P. Parks, but with this addition: “Containing about one hundred thirty (130) rods be the same more or less; meaning to convey the same lot of land conveyed to us by William M. Newhall.”
The county commissioners by a decree entered on August 31, 1875, determined the true location of the layout of the
An employee of the city of Lynn in the engineers’ department testified that he drove a row of stakes in 1898 or 1899 for a location of a fence along the travelled way in front of the locus now claimed by the petitioners in line with the fence
To establish the petitioners’ title, they must prove that their possession began at least as early as May 26, 1877. The contention of the respondents that an adverse possession at this date-could not have been found because the earliest date to which any of the witnesses testified was fifty years before the time of hearing cannot be maintained. The finding was not necessarily based on this evidence alone, and the conditions described by the witnesses as being in existence at
Order for registration of title affirmed.