May v. New England Railroad
Massachusetts Supreme Judicial Court
Petition, under St. 1893, c. 340, entitled “An Act relative to quieting titles to real estate.” Hearing before Morton, J., who entered a decree directing the respondent to bring an action at law or a suit in equity, as it might be advised, to try its alleged right; and the respondent alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtAllen, J.
This is a petition under St. 1893, c. 340, to compel the respondent to bring an action to try its alleged title to a strip of land which the petitioner claims to own in fee, but in which the respondent claims to have an easement by virtue of the location of its railroad, made by one of its predecessors in title about 1851. The boundary line between the land taken for the railroad and the other land of the petitioner is in con*368troversy. The strip of land in dispute has never been occupied by the respondent or its predecessors, but it is in the possession of the petitioner, who has some coal…
2Cases cited12 opinions
- Allen v. City of BostonMassachusetts Supreme Judicial Court · 1893
- Denniston v. ClarkMassachusetts Supreme Judicial Court · 1878
- Barnes v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1881
- New York, New Haven, & Hartford Railroad v. BenedictMassachusetts Supreme Judicial Court · 1897
- Tompkins v. WymanMassachusetts Supreme Judicial Court · 1875
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3Cited by5 opinions
- Whitney v. Cheshire RailroadMassachusetts Supreme Judicial Court · 1911
- Agostini v. North Adams Gas Light Co.Massachusetts Supreme Judicial Court · 1928
- New York Central & Hudson River Railroad v. City of ChelseaMassachusetts Supreme Judicial Court · 1912
- Ginn v. UlmerSupreme Judicial Court of Maine · 1909
- Smith v. LibbySupreme Judicial Court of Maine · 1906