Pettingill v. Porter
Massachusetts Supreme Judicial Court
Tort to recover damages for the obstruction of a way, by erecting a fence across it. The action was originally brought oy Moses Pettingill, and after his death was prosecuted by the plaintiff as his administratrix.
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Tort to recover damages for the obstruction of a way, by erecting a fence across it. The action was originally brought oy Moses Pettingill, and after his death was prosecuted by the plaintiff as his administratrix. At the second trial in the superior court, before Ames, J., after the decision reported in 3 Allen, 349, the plaintiff claimed the right of way in question as appurtenant to a certain piece of land owned by her intestate in his lifetime, with a dwelling-house thereon ; and introduced in evidence a deed thereof from Warren Porter to Moses Welch, dated December 8, 1846, and a…
1Opinion of the CourtChapman, J.
1. The plaintiff claims title in her intestate, to the land to which the alleged way is claimed as appurtenant, under a deed of Warren Porter to Moses Welch. The defendants offered in evidence a subsequent deed from Warren Porter to Moses Welch, conveying an adjoining tract of land. The plaintiff does not claim that the alleged way was appurtenant to the land conveyed in this deed, and the defendant offered it for the purpose of taking advantage of the recitals therein as to the boundaries and ownership of the adjoining estate, over which the alleged way passed. This evidence was properly…
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