Grant v. Chase
Massachusetts Supreme Judicial Court
This was an action of trespass quart clausum, fregit. The defendants justified under a right of way over the plaintiff’s land, to a pump and an outhouse standing thereon, as appurtenant to their own messuage, which adjoins to the plaintiff’s land.
Read the full summary
This was an action of trespass quart clausum, fregit. The defendants justified under a right of way over the plaintiff’s land, to a pump and an outhouse standing thereon, as appurtenant to their own messuage, which adjoins to the plaintiff’s land. In one plea it is stated, that one Abner Chase was seised of the messuage now owned by the defendants, and had the right of way, &c., as appurenant to it; and that he afterwards conveyed the said premises, with the appurtenances, to the defendants, whereby they became seised, &c. And in another plea they allege the right of way by prescription in…
1Opinion of the CourtJackson, J.
If Mary Blaney had held the sugar-house estate under the will, she would also have taken all the easements, used and occupied with it by the tenants of the testator. According to the facts reported, these would have included the way and other privileges in question. This reference in a will, or * other [ * 446 ] conveyance, to the actual condition of the property, to ascertain what is granted, is not the most safe and convenient mode of describing it; but when the thing referred to can be rendered certain, the grant is thereby made certain. 10 Co. 63, Whistler’s case. It is true, also, if M.…
2Cases cited1 opinion
- Story v. OdinMassachusetts Supreme Judicial Court · 1815
3Cited by37 opinions
- Oliver v. HookCourt of Appeals of Maryland · 1877
- Parsons v. . JohnsonNew York Court of Appeals · 1877
- Parsons v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1913
- Keats v. HugoMassachusetts Supreme Judicial Court · 1874
- Story v. OdinMassachusetts Supreme Judicial Court · 1815
32 more not listed; retrieve them via the Exa API.