Carbrey v. Willis
Massachusetts Supreme Judicial Court
Contract to recover damages for the breach of the covenants of warranty and against incumbrances in a deed of land on Atkinson Street, in Boston, bounded in part as follows: “ Southerly on land now or late of Benjamin Gould, there measuring sixteen feet and six inches; westerly again on the same, there measuring sixteen feet; and southerly on land now or late of the heirs of Cowell, there measuring forty-eight feet, more or less, to said Atkinson Street, or however otherwise…
Read the full summary
Contract to recover damages for the breach of the covenants of warranty and against incumbrances in a deed of land on Atkinson Street, in Boston, bounded in part as follows: “ Southerly on land now or late of Benjamin Gould, there measuring sixteen feet and six inches; westerly again on the same, there measuring sixteen feet; and southerly on land now or late of the heirs of Cowell, there measuring forty-eight feet, more or less, to said Atkinson Street, or however otherwise bounded or described.” The declaration alleged that the premises conveyed were subject to a right of drainage across…
1Opinion of the CourtHoar, J.
1. The first ruling made by the judge who presided at the trial was entirely correct. While both estates were owned by Blanchard, no easement could be created by any use *368of the drain for the benefit of one of them. And after the ownership was severed,-the continuance of the drain would have no tendency to prove the acquisition of an easement by adverse enjoyment, because the use was not open or visible, or known to the owners of the estate upon which it would be imposed.
In the next place, it is clear that the conveyance by the mort gage to Rebecca Richardson in 1812, with full covenants of…
2Cases cited3 opinions
- Gayetty v. BethuneMassachusetts Supreme Judicial Court · 1817
- White's v. Carrico's adm'rCourt of Appeals of Kentucky · 1859
- Grant v. ChaseMassachusetts Supreme Judicial Court · 1821
3Cited by2 opinions
- Howley v. ChaffeeSupreme Court of Vermont · 1915
- Ferguson v. FergusonSupreme Court of Kansas · 1920