Salisbury v. Andrews
Massachusetts Supreme Judicial Court
Bill in equity, filed October 12, 1878, by the owners of a parcel of land with a building thereon situated in Central Court in Boston, alleging that the first-named defendant was the owner of an adjoining parcel of land and of a parcel on the opposite side of the court, and the other defendants were the lessees of the same; that the defendants were erecting a bridge over the court to connect the buildings' on the two estates, whereby egress from the plaintiffs’ land would be…
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Bill in equity, filed October 12, 1878, by the owners of a parcel of land with a building thereon situated in Central Court in Boston, alleging that the first-named defendant was the owner of an adjoining parcel of land and of a parcel on the opposite side of the court, and the other defendants were the lessees of the same; that the defendants were erecting a bridge over the court to connect the buildings' on the two estates, whereby egress from the plaintiffs’ land would be greatly obstructed, and the light and air shut off; that the plaintiffs were entitled to a right of way over Central…
1Opinion of the CourtLord, J.
In this case there is no material fact in dispute between the parties. The controversy is solely as to their respective rights in law, upon undisputed facts.
In 1803 the whole of the land, on which are the passageway in question and the estates of the plaintiffs and defendants, was owned in equal parts by Isaiah Thomas and Ebenezer T. Andrews, as tenants in common in fee simple. Between 1803 and 1806 they had laid out this passageway, and had so wrought or constructed it as to indicate to a great extent its nature and purposes. A single building and a block of buildings had been erected…
2Cited by23 opinions
- Field v. BarlingIllinois Supreme Court · 1894
- Lipsky v. HellerMassachusetts Supreme Judicial Court · 1908
- Brande v. GraceMassachusetts Supreme Judicial Court · 1891
- St. Louis Safe Deposit & Savings Bank v. Kennett EstateMissouri Court of Appeals · 1903
- Block v. Salt Lake Rapid Transit Co.Utah Supreme Court · 1893
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