Boland v. St. John's Schools
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court, against St. John’s Schools, a corporation, and Patrick T. O’Reilly, and, O’Reilly having deceased, by amendment, against Thomas D. Beavan, the grantee in a deed from the devisee under and executor of the will of O’Reilly, to establish a way, to obtain the removal of certain obstructions therein, to restrain the erection and maintenance of any such obstructions, and for damages.
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Bill in equity, filed in the Superior Court, against St. John’s Schools, a corporation, and Patrick T. O’Reilly, and, O’Reilly having deceased, by amendment, against Thomas D. Beavan, the grantee in a deed from the devisee under and executor of the will of O’Reilly, to establish a way, to obtain the removal of certain obstructions therein, to restrain the erection and maintenance of any such obstructions, and for damages. The case was heard by Aldrich, J., and reported for the determination of this court, in substance as follows. In 1836, Tobias Boland, the common grantor of the plaintiff and…
1Opinion of the CourtMorton, J.
The premises conveyed by Tobias Boland to Daniel Daley on September 11, 1873, were bounded in part as follows: “ thence running north sixty feet, more or less, by land of John P. Sullivan to a driveway, thence easterly on said drive way one hundred and fifty-four feet, more or less, to land of said Dunn.” The driveway thus referred to was manifestly the one running east and west in the rear of the long block. No other answers to the distance. The deed also contained a reservation referring to this driveway, and “ Reserving that the said driveway between said houses as now laid out shall…
2Cases cited12 opinions
- Lynch v. Union Institution for SavingsMassachusetts Supreme Judicial Court · 1893
- Fox v. Union Sugar RefineryMassachusetts Supreme Judicial Court · 1872
- Starkie v. RichmondMassachusetts Supreme Judicial Court · 1892
- Linzee v. MixerMassachusetts Supreme Judicial Court · 1869
- Tucker v. HowardMassachusetts Supreme Judicial Court · 1880
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3Cited by17 opinions
- Anzalone v. Metropolitan District CommissionMassachusetts Supreme Judicial Court · 1926
- Lipsky v. HellerMassachusetts Supreme Judicial Court · 1908
- Gorton-Pew Fisheries Co. v. TolmanMassachusetts Supreme Judicial Court · 1912
- Prentiss v. City of GloucesterMassachusetts Supreme Judicial Court · 1920
- Carter v. SullivanMassachusetts Supreme Judicial Court · 1932
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