McKenzie v. Gleason
Massachusetts Supreme Judicial Court
Tort, with four counts, the first two for malicious prosecution, the third for the obstruction of a way, and the fourth for trespass upon the plaintiff’s close at Wareham. Writ dated July 24,1901. At the trial in the Superior Court before Bell, J., the plaintiff elected to proceed to trial upon the first, third and fourth counts.
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Tort, with four counts, the first two for malicious prosecution, the third for the obstruction of a way, and the fourth for trespass upon the plaintiff’s close at Wareham. Writ dated July 24,1901. At the trial in the Superior Court before Bell, J., the plaintiff elected to proceed to trial upon the first, third and fourth counts. The following is taken from a plan used at the trial and at the argument, the land of the plaintiff and the defendant being marked “ J. McKenzie ” and “ C. S. Gleason ” respectively: The premises of the plaintiff and the defendant were owned by one Francis Dana at…
1Opinion of the CourtBraley, J.
The question presented for decision is, whether the plaintiff under the boundaries in his first deed acquired title to the southerly half of the way, and unless some imperative principle of law requires that the plaintiff cannot have any relief, a construction ought to be given to the deed which will not compel him to use his farm in parts, or exclude him from access to the county road.
The way is either included or excluded by the description in the deed. It cannot reasonably be held, under the language used, to be in part a monument, and in part merely descriptive for the purpose of…
2Cases cited16 opinions
- Crocker v. CottingMassachusetts Supreme Judicial Court · 1896
- New York & New England Railroad v. Railroad CommissionersMassachusetts Supreme Judicial Court · 1894
- Peck v. DennistonMassachusetts Supreme Judicial Court · 1876
- Stark v. CoffinMassachusetts Supreme Judicial Court · 1870
- Tobey v. City of TauntonMassachusetts Supreme Judicial Court · 1876
11 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Gorton-Pew Fisheries Co. v. TolmanMassachusetts Supreme Judicial Court · 1912
- Casella v. SneiersonMassachusetts Supreme Judicial Court · 1949
- Erickson v. AmesMassachusetts Supreme Judicial Court · 1928
- Gray v. KelleyMassachusetts Supreme Judicial Court · 1907
- Gould v. WagnerMassachusetts Supreme Judicial Court · 1907
20 more not listed; retrieve them via the Exa API.