Legal Opinion

Page v. Young

Massachusetts Supreme Judicial Court

Decided January 15, 1871PublishedCited by 4 opinions

Bill in equity, alleging that in 1806 Henry Hill and others, owning adjoining parcels of land in Cambridge, by an agreement under seal devoted certain portions of the land to canals then ot thereafter to be dug for the use of proprietors and future owners of lands abutting thereon; that among these canals was one called Broad Canal, which they located eighty feet wide, leading from low water on Charles River; that they granted to each of themselves, as owners of land…

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Bill in equity, alleging that in 1806 Henry Hill and others, owning adjoining parcels of land in Cambridge, by an agreement under seal devoted certain portions of the land to canals then ot thereafter to be dug for the use of proprietors and future owners of lands abutting thereon; that among these canals was one called Broad Canal, which they located eighty feet wide, leading from low water on Charles River; that they granted to each of themselves, as owners of land abutting on the south side of Broad Canal, and to all persons holding under them, the right to pass over and through the canal…

1Opinion of the CourtColt, J.

Both parties in this case claim title to the land occupied by them on the south side of Broad Canal in Cambridge, by mesne conveyances from certain persons who in 1806, being then owners of the same, and of other land in the vicinity, entered into an agreement among themselves, to devote certain portions of their land to canals, then or thereafter to be dug for the use of the proprietors and future owners of lots abutting on the same. Broad Canal was one of those laid out under this agreement.

The plaintiff’s land bounds on this canal, and the original agreement defines the extent and…

2Cases cited3 opinions

  1. Davenport v. New England Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1850
  2. Schwoerer v. Boylston Market Ass'nMassachusetts Supreme Judicial Court · 1868
  3. Dearth v. Hide & Leather National BankMassachusetts Supreme Judicial Court · 1868

3Cited by4 opinions

  1. Farrell v. Forest Investment Co.Supreme Court of Florida · 1917
  2. State ex rel. Getchell v. O'connorSupreme Court of Minnesota · 1900
  3. Boston Rolling Mills v. City of CambridgeMassachusetts Supreme Judicial Court · 1875
  4. Stone Leather Co. v. Henry Boston & Sons, Ltd.Massachusetts Supreme Judicial Court · 1920

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