Massachusetts Supreme Judicial Court, 1874

Hoar v. Goulding

Hoar v. Goulding
Massachusetts Supreme Judicial Court · Decided October 8, 1874 · Gray
116 Mass. 132; 1874 Mass. LEXIS 42
Hoar v. Goulding

Cases that cite this one

5 later published cases cite this decision.

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Opinion of the Court

Gray, C. J.

The question whether the railroad, mentioned as a boundary in the deed sued on, was the strip of land owned by the railroad corporation, according to the original location and the apparent occupation, or according to the present legal title, was a latent ambiguity, requiring extrinsic evidence to apply it. Putnam v. Bond, 100 Mass. 58. The judgment of the Superior Court, involving a decision of that question of fact, is therefore conclusive. Backus v. Chapman, 111 Mass. 386. Sweetland v. Stetson, 115 Mass. 49. Exceptions overruled.

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