Welch v. Wilcox
Massachusetts Supreme Judicial Court
Tort for cutting down and removing a gate from the end of a passageway on the plaintiff’s land in Charlestown. The case was submitted to the judgment of the superior court, and on appeal, of this court, upon an agreed statement of facts substantially as follows: The plaintiff owned the estate described in his declaration; the defendant owned the estate next adjoining on the northeast" and there was a passageway extending across the plaintiff’s land to Lexington Street from…
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Tort for cutting down and removing a gate from the end of a passageway on the plaintiff’s land in Charlestown. The case was submitted to the judgment of the superior court, and on appeal, of this court, upon an agreed statement of facts substantially as follows: The plaintiff owned the estate described in his declaration; the defendant owned the estate next adjoining on the northeast" and there was a passageway extending across the plaintiff’s land to Lexington Street from the defendant’s estate. Samuel P. Langmaid, in 1858, then owning both estates, conveyed the estate of the defendant to…
1Opinion of the CourtColt, J.
Under the deed of Langmaid a right was granted the defendant to the use of a passageway, as then laid out over the grantor’s land. The plaintiff claims under Langmaid by a subsequent deed which conveys the land, reserving to the owners of the defendant’s lot a right to a three feet passageway as laid out on the premises conveyed. It does not appear in what manner the way was laid out, but we must infer that it was by some well marked boundaries known and recognized by both parties. There was no gate separating the passageway from the street at the time of these conveyances, and in the opinion…
2Cases cited1 opinion
- Wintersmith & Young v. Pointer & ConwayCourt of Appeals of Kentucky · 1859
3Cited by18 opinions
- Hodgkins v. BianchiniMassachusetts Supreme Judicial Court · 1948
- Fendall v. MillerOregon Supreme Court · 1921
- Short v. DevineMassachusetts Supreme Judicial Court · 1888
- Flaherty v. FlemingWest Virginia Supreme Court · 1906
- Skow v. GoforthSupreme Court of Iowa · 2000
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