[DOWNLOAD] "Leonardo v. De Vellis Et Al." by Supreme Judicial Court of Massachusetts # eBook PDF Kindle ePub Free

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eBook details

• Title: Leonardo v. De Vellis Et Al.
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 31, 1935
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

This appeal is from a judgment for the defendants in an action of ejectment tried by the court without a jury. The action was brought to recover possession of an alley or strip of land 18 inches wide between store buildings on adjoining lots in Bel Air. The declaration alleged that in May 1947 the defendants wrongfully entered 17 inches on the entire northern line of the Hub lot. The defendants filed the general issue plea of "not guilty." The plaintiff then demanded "the particulars of the affirmative defenses the defendants propose to offer under their plea of not guilty." The court sustained exceptions to the demand, but stated that the defendants would be limited in their proof under their plea "to such testimony as would be admissible under the provisions of Section 76, Article 75 of the [1951] Code." The first point raised on this appeal is the correctness of that ruling. The appellant contends that the court should have required the defendants to enumerate and particularize any and all affirmative defenses it relied on over and above its general denial of a title in the plaintiff, and further, that in view of the limitation imposed by the courts ruling, evidence of adverse possession by the defendants and prescriptive rights exercised by them should have been excluded upon objection and motion to exclude. If not sustained on these points, the appellant contends that the court erred in its finding of adverse possession and prescriptive rights in the defendants, and even if an encroachment as to the eaves of the Hirsch building to the extent of 17 inches was sustainable, there was no evidence to support the verdict with respect to the wall of the garage, the bow window, the aluminum cornice above the window, and the eaves of the garage, all of which had been extended to a lesser extent into the strip in dispute within the past twenty years.

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