Legal Opinion

Gorton-Pew Fisheries Co. v. Tolman

Massachusetts Supreme Judicial Court

Decided January 2, 1912PublishedCited by 40 opinions

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

  1. Wintersmith & Young v. Pointer & ConwayCourt of Appeals of Kentucky · 1859
  2. Ware v. MinotMassachusetts Supreme Judicial Court · 1909
  3. Gray v. WhittemoreMassachusetts Supreme Judicial Court · 1906
  4. Boston Safe Deposit & Trust Co. v. BlanchardMassachusetts Supreme Judicial Court · 1907
  5. Fox v. Union Sugar RefineryMassachusetts Supreme Judicial Court · 1872

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3Cited by40 opinions

  1. Boston & Albany Railroad v. ReardonMassachusetts Supreme Judicial Court · 1917
  2. Mt. Holyoke Realty Corp. v. Holyoke Realty Corp.Massachusetts Supreme Judicial Court · 1933
  3. Parsons v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1913
  4. Orpin v. MorrisonMassachusetts Supreme Judicial Court · 1918
  5. Cheda v. BodkinCalifornia Supreme Court · 1916

35 more not listed; retrieve them via the Exa API.

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