Canny v. Andrews
Massachusetts Supreme Judicial Court
Bill in equity, filed December 27, 1876, to restrain the defendant from removing a chimney in which the plaintiff claimed certain easements. Upon the filing of the bill, a temporary in junction was granted. At the hearing, before Colt, J., the following facts were admitted by the parties : About a hundred years ago, a block of three houses was erected on the corner of Clark Street and Hanover Street, in Boston.
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Bill in equity, filed December 27, 1876, to restrain the defendant from removing a chimney in which the plaintiff claimed certain easements. Upon the filing of the bill, a temporary in junction was granted. At the hearing, before Colt, J., the following facts were admitted by the parties : About a hundred years ago, a block of three houses was erected on the corner of Clark Street and Hanover Street, in Boston. On September 13,1869, the city of Boston passed an order authorizing the widening of Hanover Street, and, in pursuance of said order, purchased by deed of warranty, from Nancy Pierce,…
1Opinion of the CourtSoule, J.
The easement which the plaintiff claims was not gained by deed, but by the continuous use and enjoyment of the chimney of the defendant by the owners of the house which formerly stood in part on the premises now owned by the plaintiff. The city of Boston, the plaintiff’s grantor, on May 10, 1870, sold this house as personal property, and caused it to be destroyed, not because it was falling to decay and was unsafe, but because the city wished to appropriate the greater part — about five sixths — of the land on which it stood to the widening of Hanover Street. The cellar which had been under…
2Cited by15 opinions
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- Beattie v. Carolina Central RailroadSupreme Court of North Carolina · 1891
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