Gerrish v. Shattuck
Massachusetts Supreme Judicial Court
Bill in equity, filed October 11,1879, to restain the defendant from obstructing a passageway running from Prescott Street in Lowell to the plaintiff’s land. After the former decision, reported 128 Ma'ss. 571, the case was heard by Soule, J., on the form of the final decree.
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Bill in equity, filed October 11,1879, to restain the defendant from obstructing a passageway running from Prescott Street in Lowell to the plaintiff’s land. After the former decision, reported 128 Ma'ss. 571, the case was heard by Soule, J., on the form of the final decree. The plaintiff asked the judge to sign the following decree: “ This cause came on to be heard, and was argued by counsel, and thereupon, upon consideration thereof, it is ordered, adjudged, and decreed that the defendant, within days from the entering of this decree, remove all erections and obstructions placed or built by…
1Opinion of the CourtDevens, J.
The rights of the plaintiff depend upon the construction to be given to the reservation in the deed of her father, Nathaniel Wright, in 1857. Wright in that year sold to William H. Burnap, whose rights have been acquired by the defendant, a parcel of land on Prescott Street by a deed containing the following: “Excepting however and reserving to myself my heirs and assigns a passageway four feet wide, in, through and over said premises from said Prescott Street to my tenement on the westerly side thereof.” The plaintiff has acquired by inheritance, and by deed from the other heirs, the parcel…
2Cases cited4 opinions
- Wintersmith & Young v. Pointer & ConwayCourt of Appeals of Kentucky · 1859
- Tucker v. HowardMassachusetts Supreme Judicial Court · 1880
- Nash v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1879
- Gerrish v. ShattuckMassachusetts Supreme Judicial Court · 1880
3Cited by15 opinions
- M.P.M. Builders, LLC v. DwyerMassachusetts Supreme Judicial Court · 2004
- Grafton v. . MoirNew York Court of Appeals · 1892
- Lipsky v. HellerMassachusetts Supreme Judicial Court · 1908
- Burnham v. NevinsMassachusetts Supreme Judicial Court · 1887
- New York Central Railroad v. AyerMassachusetts Supreme Judicial Court · 1922
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