176 Mass. 167 | Mass. | 1900
This is a petition for the assessment of damages caused by the taking of land for the widening of a
The husband testified that he was living upon the property when he bought it; that he moved on it in April and bought in September. This testimony clearly means that he was living upon the whole of the property which was bought in September, 1880. He added that he built the walls on both sides of the street, that he was in business there, and set his walls back to give him more room. This again shows that he was occupying both sides of the road, exercising dominion over both parcels, carrying on business upon them, and adjusting the walls upon them to suit his convenience. He further testified that he was living upon the property now, and had lived upon it all the time. The expression “the property” is used throughout his testimony to signify the whole purchase. We must take it, therefore, that the petitioners are seised of both parcels in question, and have occupied them, undisturbed, so far as appears, since Mrs. Twombley’s death. Probably the petitioners were surprised by the request upon which the ruling excepted to was made, or they would have brought out their seisin more distinctly; but as the evidence stands it can mean but one thing.
In view of the history of the premises we are of opinion that
The question is not what would be a sufficient description in an indictment or a sheriff’s return, but what is the meaning of certain words according to the popular habits of New .England speech. From that point of view we have not much doubt as to how we should read the will. See Bridge v. Bridge, 146 Mass. 373, 377; Backus v. Chapman, 111 Mass. 386, 387; Melcher v. Chase, 105 Mass. 125; Aldrich v. Gaskill, 10 Cush. 155, 158; Doe v. Collins, 2 T. R. 498.
Judgment for $2,472.06 and interest.