Appleton v. City of Newton
Massachusetts Supreme Judicial Court
Bill in equity seeking to remove a cloud from the title to the plaintiff’s land created by an instrument dated February 24, 1890, and recorded February 26, 1890, purporting to be a taking by the defendant of certain land of the plaintiff therein described, for the purposes set forth in St. 1872, c. 344, St. 1876, c. 54, and St. 1889, c. 302, “ and all other acts relating to supplying the city and town of Newton with water and for the purposes of the water supply for the said…
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Bill in equity seeking to remove a cloud from the title to the plaintiff’s land created by an instrument dated February 24, 1890, and recorded February 26, 1890, purporting to be a taking by the defendant of certain land of the plaintiff therein described, for the purposes set forth in St. 1872, c. 344, St. 1876, c. 54, and St. 1889, c. 302, “ and all other acts relating to supplying the city and town of Newton with water and for the purposes of the water supply for the said city of Newton and an additional water supply therefor,” filed August 3, 1899. The case was reserved by Hammond, J.,…
1Opinion of the CourtKnowlton, J.
The first question raised at the argument was whether the form of the taking, of the plaintiff’s land was sufficient to answer the requirements of the statute. This question must be answered in the affirmative. The instrument which was duly recorded in the registry of deeds, signed by the mayor and a majority of the board of aldermen and a majority of the common council of Newton, set forth that the city had taken the land, which was described by metes and bounds, and by a reference to a plan, and by giving the name of the owner, and stated that the taking was “ in part execution of and for…
2Cases cited18 opinions
- Chicago, Burlington & Quincy Railroad v. ChicagoSupreme Court of the United States · 1897
- Davidson v. New OrleansSupreme Court of the United States · 1878
- Hagar v. Reclamation District No. 108Supreme Court of the United States · 1884
- McMillen v. AndersonSupreme Court of the United States · 1877
- Huling v. Kaw Valley Railway & Improvement Co.Supreme Court of the United States · 1889
13 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Byfield v. City of NewtonMassachusetts Supreme Judicial Court · 1923
- Opinion of the Justices to the House of RepresentativesMassachusetts Supreme Judicial Court · 1974
- Board of Water Commissioners v. JohnsonSupreme Court of Connecticut · 1912
- Seaboard All-Fla. Ry. Co. v. Levitt, Et Vir.Supreme Court of Florida · 1932
- Sloan v. Lawrence CountySupreme Court of Arkansas · 1918
22 more not listed; retrieve them via the Exa API.