Byrne v. Savoie
Massachusetts Supreme Judicial Court
Petition, filed in the Land Court on December 30, 1913, for the registration of the title to certain land in Fall River. The petition was heard by Davis, J. Material facts are described in the opinion. The judge ordered that the title of the petitioners be registered subject to the rights of the public to pass and repass over so much of their land as was included within the limits “of the way now existing across the same.”
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Petition, filed in the Land Court on December 30, 1913, for the registration of the title to certain land in Fall River. The petition was heard by Davis, J. Material facts are described in the opinion. The judge ordered that the title of the petitioners be registered subject to the rights of the public to pass and repass over so much of their land as was included within the limits “of the way now existing across the same.” The way referred to is that described in the opinion as substituted by one Whittaker for a public way which existed in 1893 across the locus and across land next adjoining,…
1Opinion of the CourtPierce, J.
The conclusion of fact and ruling of law, that a public highway called the Old New Boston Road, created by prescription, from about 1790 to 1893 ran across the locus sought to be registered and thence across the Whittaker lot, which adjoins the locus on the west, into Locust Street at its junction with Hill Street, was fully warranted by the evidentiary facts, that it had been “used by the public for over one hundred years for all purposes for which a public road would be used in such a district;” that “its course was well defined;” that “it was not a mere tract through open and wild lands;”…
2Cases cited7 opinions
- Moffatt v. KennyMassachusetts Supreme Judicial Court · 1899
- Bigelow Carpet Co. v. WigginMassachusetts Supreme Judicial Court · 1911
- Commonwealth v. CoupeMassachusetts Supreme Judicial Court · 1880
- Bassett v. Inhabitants of HarwichMassachusetts Supreme Judicial Court · 1902
- Epstein v. DunbarMassachusetts Supreme Judicial Court · 1915
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3Cited by8 opinions
- Anderson v. DeVriesMassachusetts Supreme Judicial Court · 1950
- Davis v. SikesMassachusetts Supreme Judicial Court · 1926
- Siegemund v. Building Commissioner of BostonMassachusetts Supreme Judicial Court · 1927
- Les v. AlibozekMassachusetts Supreme Judicial Court · 1929
- Cooley v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1939
3 more not listed; retrieve them via the Exa API.