Crocker v. Cotting
Massachusetts Supreme Judicial Court
Petitior, filed February 19, 1898, by the owners of one undivided third of the fee in a passageway in Boston, alleged to be brought under St. 1889, c. 442, entitled “ An Act to provide for determining the validity, nature, or extent of certain encumbrances upon title to real estate,” against the several owners of the other two thirds of such fee, for the purpose of having the court determine the extent and nature of certain rights of passage which the parties have in the…
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Petitior, filed February 19, 1898, by the owners of one undivided third of the fee in a passageway in Boston, alleged to be brought under St. 1889, c. 442, entitled “ An Act to provide for determining the validity, nature, or extent of certain encumbrances upon title to real estate,” against the several owners of the other two thirds of such fee, for the purpose of having the court determine the extent and nature of certain rights of passage which the parties have in the way, and particularly rights of building over the same.* The respondents demurred to the petition, and Lathrop, J. reserved…
1Opinion of the CourtHolmes, J.
The purpose of this demurrer is only to test the constitutionality of St. 1889, c. 442, and to ascertain whether this case falls within the act.
The objection to the constitutionality of the act is that it provides for a common law proceeding concerning property, and does not provide for a trial by jury, as required by the fifteenth article of our Declaration of Rights. The answer to this objection is that, in the first place, although it is on the law side of the court, the proceeding is more after the analogies of equity than of the common law, as is shown, among other things, by the fact…
2Cases cited3 opinions
- Hogan v. BarryMassachusetts Supreme Judicial Court · 1887
- Chase v. WalkerMassachusetts Supreme Judicial Court · 1897
- Gurney v. WaldronMassachusetts Supreme Judicial Court · 1884
3Cited by6 opinions
- Riverbank Improvement Co. v. ChadwickMassachusetts Supreme Judicial Court · 1917
- Whiteside v. Merchants National Bank of BostonMassachusetts Supreme Judicial Court · 1933
- Crocker-McElwain Co. v. Assessors of HolyokeMassachusetts Supreme Judicial Court · 1937
- Crocker v. CottingMassachusetts Supreme Judicial Court · 1902
- Beechwood Acres, Inc. v. Town of HamiltonMassachusetts Supreme Judicial Court · 1966
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