Gorton-Pew Fisheries Co. v. Tolman
Massachusetts Supreme Judicial Court
Petition, filed in the Land Court on July 23,1907, for the registration of the title to land in Gloucester fronting southerly on Gloucester harbor and northerly on Main Street. The respondents claimed the right to use a way through land of the petitioner in connection with land owned by them fronting on Main Street and immediately east of the way and the land of the petitioner.
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Petition, filed in the Land Court on July 23,1907, for the registration of the title to land in Gloucester fronting southerly on Gloucester harbor and northerly on Main Street. The respondents claimed the right to use a way through land of the petitioner in connection with land owned by them fronting on Main Street and immediately east of the way and the land of the petitioner. In the Land Court the case was tried before Davis, J. He found the following facts in substance: In 1852 the land of the respondents and the greater part of that of the petitioner was included in a tract of pasture…
1Opinion of the CourtSheldon, J.
No claim is now made that the respondents have any title to the fee of the roadway in question, or that they have any right of way over it by estoppel under the rules laid down in such cases as Motley v. Sargent, 119 Mass. 231, 236 ; Lemay v. Furtado, 182 Mass. 280; McKenzie v. Gleason, 184 Mass. 452; Gould v. Wagner, 196 Mass. 270; and Downey v. H. P. Hood & Sons, 203 Mass. 4. It is not denied that the fee of the roadway, subject to whatever rights of passage have been created therein, vested in the petitioner’s grantors, the sons of John Pew, by the devise to them of his business property.…
2Cases cited53 opinions
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