Bigelow Carpet Co. v. Wiggin
Massachusetts Supreme Judicial Court
Petition, filed in the Land Court on March 11,1908, for the registration of the title to a strip of land in Lowell twenty feet wide and about sixty-six and one half feet long, running southerly from Market Street through to a passageway called Carpet Lane.
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Petition, filed in the Land Court on March 11,1908, for the registration of the title to a strip of land in Lowell twenty feet wide and about sixty-six and one half feet long, running southerly from Market Street through to a passageway called Carpet Lane. Carpet Lane is a passageway fifteen feet wide running from the southerly end of the strip of land in controversy parallel with Market Street about two hundred and seventy feet and then turning at right angles and running northerly into Market Street. The westerly portion of the rectangle bounded by Market Street, the strip in question and…
1Opinion of the CourtBraley, J.
The respondents concede that the fee in the land is owned by the petitioner, but contend that it is subject to an easement of way, which has become appurtenant to their several estates by prescription. To support their contention under the issue framed to try the question, they were required to show by a fair preponderance of the evidence that, with the acquiescence of the petitioner or its predecessor in title, the use of the land as a passageway to and from Market Street to Carpet Lane on which the rear of their estates abutted, had been open, uninterrupted and adverse for a period at least…
2Cases cited15 opinions
- Lipsky v. HellerMassachusetts Supreme Judicial Court · 1908
- Parker v. Boston & Hingham Steamboat Co.Massachusetts Supreme Judicial Court · 1872
- Hayden v. StoneMassachusetts Supreme Judicial Court · 1873
- Inhabitants of Cohasset v. MoorsMassachusetts Supreme Judicial Court · 1910
- Claflin v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1892
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3Cited by37 opinions
- Randall v. Peerless Motor Car Co.Massachusetts Supreme Judicial Court · 1912
- Percy A. Brown & Co. v. RaubSupreme Court of Pennsylvania · 1947
- MacLeod v. DavisMassachusetts Supreme Judicial Court · 1935
- Swensen v. MarinoMassachusetts Supreme Judicial Court · 1940
- Foot v. BaumanMassachusetts Supreme Judicial Court · 1955
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