Warshauer v. Randall
Massachusetts Supreme Judicial Court
Bill in equity, filed April 8, 1870, alleging that the parties were owners of adjacent lots of land on Warren Place in Boston; that between the two lots was a strip of land five feet wide; that each party owned the fee of that half of this strip which adjoined his or her own estate; that they both had a right of way over the whole of the strip ; and that the defendant had obstructed the way by building a fence across the whole width of the strip.
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Bill in equity, filed April 8, 1870, alleging that the parties were owners of adjacent lots of land on Warren Place in Boston; that between the two lots was a strip of land five feet wide; that each party owned the fee of that half of this strip which adjoined his or her own estate; that they both had a right of way over the whole of the strip ; and that the defendant had obstructed the way by building a fence across the whole width of the strip. The prayer was for an injunction against the maintenance of the fence, or the obstruction of the plaintiff’s use of the way, and for further relief.…
1Opinion of the CourtChapman, C. J.
Richard Blanchard and John W. Blanchard, being tenants in common of a tract of land bounding north on Warren Place, made partition thereof April 6,1824, by giving to each other deeds of quitclaim. Richard took the westerly part, bounding “ easterly on a common passage, of five feet, leading from Warren Place to a vault, twenty-four feet.” John W. took the easterly part, bounding “ westerly twenty-four feet on a common passageway, of five feet, leading from Warren Place to a vault.” It is not denied that these deeds gave to each of them the fee of the land to the centre of the passageway,…
2Cited by5 opinions
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