Fox v. Union Sugar Refinery
Massachusetts Supreme Judicial Court
Tort for obstructing the plaintiffs’ right in a passageway leading from Third Street to Fourth Street, between Front and Lynde Streets, in Charlestown.
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Tort for obstructing the plaintiffs’ right in a passageway leading from Third Street to Fourth Street, between Front and Lynde Streets, in Charlestown. Writ dated July 20, 1870. Trial in che superior court, before Putnam, J., who made a report thereof of which the following is the substance : In the year 1838 the Charlestown Wharf Company laid out into streets, ways and lots, a large tract of vacant land which it owned in that city; and afterwards conveyed portions of it to these plaintiffs and defendants respectively, which are represented on the following copy of part of a plan made*by Eben…
1Opinion of the CourtW Ells, J.
A deed, in which the land conveyed is bounded upon a passageway, gives to the grantee rights, by estoppel, not only in that part of the passageway which lies opposite to his land, but also, by necessary implication, to such outlet or termination as will make the way available for its intended purpose. If nothing else is contained m the deed to define it, the extent *296of the grantee’s rights beyond the limits of his land will depend upon and may be shown by extrinsic facts, as they existed at the time of the conveyance. Salisbury v. Andrews, 19 Pick. 250. Atkins v. Bordman, 2 Met. 457. Stetson…
2Cases cited3 opinions
- Wintersmith & Young v. Pointer & ConwayCourt of Appeals of Kentucky · 1859
- Davis v. RainsfordMassachusetts Supreme Judicial Court · 1821
- Lunt v. HollandMassachusetts Supreme Judicial Court · 1817
3Cited by57 opinions
- Jefferis v. East Omaha Land Co.Supreme Court of the United States · 1890
- White's Bank of Buffalo v. . NicholsNew York Court of Appeals · 1876
- Goldstein v. BealMassachusetts Supreme Judicial Court · 1945
- Durkin v. CobleighMassachusetts Supreme Judicial Court · 1892
- Anzalone v. Metropolitan District CommissionMassachusetts Supreme Judicial Court · 1926
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