SMITH v. MacALISTER


1 Mass. App. Ct. 22 (1972)

294 N.E.2d 441

WILLIAM L. SMITH vs. RENA WHEELOCK MacALISTER & another.

Appeals Court of Massachusetts, Middlesex.

December 29, 1972.


Attorney(s) appearing for the Case

William L. Smith, pro se.

C.A. Peairs (William J. Cullen with him) for Rena Wheelock MacAlister.

Present: ROSE, GOODMAN, & ARMSTRONG, JJ.


ARMSTRONG, J.

On October 10, 1966, the plaintiff Smith agreed in writing with the defendant MacAlister to purchase a parcel of land owned by MacAlister on Plum Island in the town of Newbury. Before the agreed date for performance, November 21, 1966, a surveyor determined that the porch of a house belonging to Stoddard, an abutting land owner, extended eight feet by twenty-five feet into MacAlister's parcel. Stoddard asserted to Smith that she had title to the land...

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