Hayford v. Spokesfield
Massachusetts Supreme Judicial Court
Tort for the obstruction of a right of way. The plaintiff is the owner of lot 4, and that part of lot 6 which lies northeast of the dotted line, and the defendants are owners of lot 3; and the way claimed is a passageway three feet wide from the rear of lot 4, and is marked a on the following plan.
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Tort for the obstruction of a right of way. The plaintiff is the owner of lot 4, and that part of lot 6 which lies northeast of the dotted line, and the defendants are owners of lot 3; and the way claimed is a passageway three feet wide from the rear of lot 4, and is marked a on the following plan. At the trial in the superior court, before Morton, J., it appeared that in 1846 Lucius M. Sargent conveyed to George Scott lot 4, with a right of way through the three feet passageway a to Arnold Street. This deed referred to the above plan. Scott subsequently acquired lot 6, and in 1860 he…
1Opinion of the CourtChapman, C. J.
The right of way which is in controversy vas granted by Lucius M. Sargent to George Scott, as appurtenant to lot 4 on the plan which is referred to. The. deed was made December 1,1846. Scott conveyed to Riley Hayford, by deed dated June 1,1860, lot 4 and part of lot 6 on the plan, with the privileges and appurtenances thereto belonging, and made express reference to the plan and the deed of Sargent. His deed bounds the lots on the southwesterly side partly on and now or late of Spokesfield, partly by the northeasterly end of a passageway three feet wide, partly on the grantor’s other land,…
2Cases cited1 opinion
- Crain v. FoxNew York Supreme Court · 1853
3Cited by19 opinions
- White's Bank of Buffalo v. . NicholsNew York Court of Appeals · 1876
- Proprietors of Locks & Canals on Merrimack River v. Nashua & Lowell RailroadMassachusetts Supreme Judicial Court · 1870
- Smith v. WornCalifornia Supreme Court · 1892
- American Brass Co. v. SerraSupreme Court of Connecticut · 1926
- State ex rel. Kansas City v. East Fifth Street Railway Co.Supreme Court of Missouri · 1897
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