VITELLI v. RYDER


329 Mass. 119 (1952)

106 N.E.2d 541

JAMES A. VITELLI vs. JAMES F. RYDER.

Supreme Judicial Court of Massachusetts, Barnstable.

June 6, 1952.


Attorney(s) appearing for the Case

S. Osborn Ball, for the defendant.

William J. Fenton, (James A. Vitelli with him,) for the plaintiff.

Present: QUA, C.J., WILKINS, SPALDING, WILLIAMS, & COUNIHAN, JJ.


COUNIHAN, J.

By this suit in equity the plaintiff in effect seeks to remove a cloud on his title to a certain parcel of land in Wellfleet. It was referred to a master under the usual rule. After hearings and a view, he reported that he found as a fact that the plaintiff had good title to and actual possession of the land in dispute, and that the deed under which the defendant claimed title was a cloud on the title of the plaintiff. After hearing, a judge recommitted...

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