Legal Opinion

Abbott v. Frazier

Massachusetts Supreme Judicial Court

Decided March 3, 1922PublishedCited by 9 opinions

Tort for trespass quare clausum fregit. Writ in the District Court of Northern Berkshire dated August 22, 1919. On appeal to the Superior Court, the action was tried before Irwin, J. The alleged trespass consisted of the driving of pipes of iron and the stringing of wire connecting same for, approximately, a distance of thirty feet, extended southerly from Main Street in the village of Blackinton in North Adams.

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Tort for trespass quare clausum fregit. Writ in the District Court of Northern Berkshire dated August 22, 1919. On appeal to the Superior Court, the action was tried before Irwin, J. The alleged trespass consisted of the driving of pipes of iron and the stringing of wire connecting same for, approximately, a distance of thirty feet, extended southerly from Main Street in the village of Blackinton in North Adams. The common boundary line of the respective lands of the parties was near the line of wire. The plaintiffs contended that the line of wire was on their land. The defendant admitted…

1Opinion of the CourtBraley, J.

The plaintiffs and the defendant own contiguous parcels of land to which they derive title by mesne conveyances from the S. Blackinton Woolen Company. But the duly recorded deeds dated January 23 and February 28, 1888, from the company to Alice P. Sayre under whom the plaintiffs claim, having antedated the deed of July 22, 1902, to Thomas Fleming, who conveyed to the defendant, the questions for decision are, whether the description in the deeds to Sayre included the strip, title to which is in controversy, and, if included, whether this title has passed to the plaintiffs.

It appeared that,…

2Cases cited8 opinions

  1. Lipsky v. HellerMassachusetts Supreme Judicial Court · 1908
  2. Clap v. DraperMassachusetts Supreme Judicial Court · 1808
  3. Temple v. BensonMassachusetts Supreme Judicial Court · 1912
  4. Crocker v. CottingMassachusetts Supreme Judicial Court · 1896
  5. Gray v. KelleyMassachusetts Supreme Judicial Court · 1907

3 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Dunbar v. BroomfieldMassachusetts Supreme Judicial Court · 1924
  2. Ellis v. WingateMassachusetts Supreme Judicial Court · 1959
  3. Knowles v. GriswoldMassachusetts Supreme Judicial Court · 1925
  4. Watters v. BlattMassachusetts Supreme Judicial Court · 1924
  5. Agin v. JPMorgan Chase Bank, N.A. (In re Adams)United States Bankruptcy Court, D. Massachusetts · 2011

4 more not listed; retrieve them via the Exa API.

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