Taft v. Emery
Massachusetts Supreme Judicial Court
Bill in equity, filed October 30, 1898, in the Superior Court, to restrain the defendants from obstructing an alleged right of way over their land in Hull. At the hearing a decree was entered for the plaintiff; and the defendants appealed to this court. The facts appear in the opinion.
1Opinion of the CourtMorton, J.
The plaintiff claims a right of way forty feet in width over a parcel of land belonging to the defendants. The facts are agreed, and are substantially as follows. In 1880 the immediate predecessors in title of the plaintiff and defendants were the owners as tenants in common of a tract of land called Point Allerton, in Hull, and caused a plan to be made of it, which was duly recorded in the Registry of Deeds at Plymouth. On this plan a way forty feet wide was laid out, running in a straight line from the county road to a sea-wall, and passing over the land in question. This way was called…
2Cases cited2 opinions
- Boston Water Power Co. v. City of BostonMassachusetts Supreme Judicial Court · 1879
- Coolidge v. DexterMassachusetts Supreme Judicial Court · 1880
3Cited by4 opinions
- Lipsky v. HellerMassachusetts Supreme Judicial Court · 1908
- Webber v. CoxMassachusetts Supreme Judicial Court · 1926
- Stevens v. YoungMassachusetts Supreme Judicial Court · 1919
- LoehrMassachusetts Land Court · 1901