Everett v. Edwards
Massachusetts Supreme Judicial Court
Bill in equity, filed November 3, 1886, brought originally against the first named defendant alone, for the removal of a portion of a wall standing in part on his land, and for damages for its erection and maintenance. Subsequently certain mortgagees of his estate were admitted as parties defendant. The case was heard by Field, J., who imported it for the consideration of the full court. The facts appear in the opinion.
1Opinion of the CourtW. Allen, J.
In the year 1826 the owner of two adjoining city lots built a house upon each lot, each separated from the other by a brick wall, one half of which was on each lot. The next year he conveyed one of the lots to the plaintiff’s grantor, and in 1828 he conveyed the other house to another grantee, under whom the defendants claim. In each deed the boundary line between the houses is described as “ a line running longitudinally through the centre of the partition wall between the houses,” and the same description is contained in the deeds to the plaintiff and to the defendants, which deeds were…
2Cases cited11 opinions
- Partridge v. . Gilbert and OthersNew York Court of Appeals · 1857
- Brooks v. . CurtisNew York Court of Appeals · 1873
- Campbell v. MesierNew York Court of Chancery · 1819
- Sanborn v. RiceMassachusetts Supreme Judicial Court · 1880
- Hendricks v. . StarkNew York Court of Appeals · 1867
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3Cited by30 opinions
- Stewart v. FinkelstoneMassachusetts Supreme Judicial Court · 1910
- Sullivan v. DonohoeMassachusetts Supreme Judicial Court · 1934
- Carter v. SullivanMassachusetts Supreme Judicial Court · 1932
- Union National Bank v. NesmithMassachusetts Supreme Judicial Court · 1921
- Mary Jane Stevens Co. v. First Nat. Bldg. Co.Utah Supreme Court · 1936
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