Legal Opinion

Hodgkins v. Farrington

Massachusetts Supreme Judicial Court

Decided September 5, 1889PublishedCited by 35 opinions

Bill in equity, filed March 19, 1888, by the plaintiffs, as the • owners of an estate on Hanover Street in Boston, against Isaac Farrington, the owner of an adjoining estate, the Suffolk Savings Bank for Seamen and Others, the mortgagee of such estate, and the administrator of James W. Johnson, the lessee of a large portion thereof, for the removal of that part of a building belonging to the defendant Farrington which stood upon the estate of the plaintiffs, and for damages.

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Bill in equity, filed March 19, 1888, by the plaintiffs, as the • owners of an estate on Hanover Street in Boston, against Isaac Farrington, the owner of an adjoining estate, the Suffolk Savings Bank for Seamen and Others, the mortgagee of such estate, and the administrator of James W. Johnson, the lessee of a large portion thereof, for the removal of that part of a building belonging to the defendant Farrington which stood upon the estate of the plaintiffs, and for damages. The case was heard by Field, J., who reserved it for the consideration of the full court. The material facts appear in…

1Opinion of the CourtDevens, J.

In 1841 the premises of the plaintiffs were owned by Robert Burr, and those of the defendant Farrington by Noah Blanchard, a house standing on the front part of each lot with a yard in the rear. On August 1 of that year, the boundary line between their respective lots was established by a straight line that ran “ through the centre of the brick wall separating the two houses, and by the northeasterly side of a wall separating the two yards.” The brick garden wall which separated the two yards, was fifty-four feet in length and eight inches thick, with the exception of a twelve-foot section…

2Cases cited3 opinions

  1. Cook v. StearnsMassachusetts Supreme Judicial Court · 1814
  2. Proctor v. Putnam Machine Co.Massachusetts Supreme Judicial Court · 1884
  3. Clapp v. City of BostonMassachusetts Supreme Judicial Court · 1882

3Cited by35 opinions

  1. Baseball Publishing Co. v. BrutonMassachusetts Supreme Judicial Court · 1938
  2. Geragosian v. Union Realty Co.Massachusetts Supreme Judicial Court · 1935
  3. Harrington v. McCarthyMassachusetts Supreme Judicial Court · 1897
  4. Nowlin Lumber Co. v. WilsonMichigan Supreme Court · 1899
  5. City of Anchorage v. NesbettAlaska Supreme Court · 1975

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