Sullivan v. Finnegan

101 Mass. 447 | Mass. | 1869

Chapman, C. J.

The demurrer admits that the plaintiff is in possession of one of the rooms in the dwelling-house on the premises, occupying it as her home and claiming title thereto. Tt also admits that the defendants claim title to the premises, including the room, under a deed from Timothy Sullivan tc Thomas Finnegan, and that this is not a valid deed, but con stitutes a cloud upon the plaintiff’s title. The plaintiff cannot maintain a writ of entry to try her title to the room, without abandoning her possession; and therefore she may maintain this bill to remove the cloud from her title. Clouston v. Shearer 99 Mass. 209.

It is not necessary to decide at present how far equity, having obtained jurisdiction, will make the remedy complete as to the whole of the premises. Demurrer overruled.