Union National Bank v. Nesmith
Massachusetts Supreme Judicial Court
Petition, filed in the Land Court on March 12,1920, and after-wards amended, for the registration of the title to land on the northerly side of Merrimack Street in Lowell. The petitioner is the successor in title of one Thomas Nesmith, and the respondents are successors in title of one John Nesmith. The petition was heard by Dams, J. Material facts are described in the opinion.
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Petition, filed in the Land Court on March 12,1920, and after-wards amended, for the registration of the title to land on the northerly side of Merrimack Street in Lowell. The petitioner is the successor in title of one Thomas Nesmith, and the respondents are successors in title of one John Nesmith. The petition was heard by Dams, J. Material facts are described in the opinion. The judge ruled "that the respondents’ easement in the common entrance, stairways and landings is limited to the joint life of the respective buildings and, on the destruction of either, terminates,” and to that ruling…
1Opinion of the CourtJenney, J.
The exceptions arise in proceedings for registration of title to land. In or about the year 1852, John and Thomas Nesmith, then owning adjoining lots on Merrimack Street in Lowell, simultaneously erected buildings on their respective lots with a common entrance from the street, and common stairways and landing places leading therefrom to the upper stories of the buildings.
The common entrance, stairways and landings constitute the only means of entrance and exit from the street to the upper stories of the respondents’ building and to and from the third floor of the petitioner’s building. The…
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