Gayetty v. Bethune
Massachusetts Supreme Judicial Court
This was an action of the case, for disturbing the plaintiff in the enjoyment of a way; and it was referred to the determination of the Court upon the following facts, stated and agreed by the parties: — In the year 1723, Catharine Winthrop was seised in fee of a certain messuage in Boston, bounded easterly on Cornhill Square, there measuring forty-six feet, and extending westerly to land belonging to the county; and in that year she conveyed the same, with the…
Read the full summary
This was an action of the case, for disturbing the plaintiff in the enjoyment of a way; and it was referred to the determination of the Court upon the following facts, stated and agreed by the parties: — In the year 1723, Catharine Winthrop was seised in fee of a certain messuage in Boston, bounded easterly on Cornhill Square, there measuring forty-six feet, and extending westerly to land belonging to the county; and in that year she conveyed the same, with the appurtenances, to one Henry Deering, who owned the adjoining tenement. The whole front line of the land so conveyed was then covered…
1Opinion of the CourtParker, C. J.
The plaintiff in this action demands damages against the defendant, for an alleged
*51wrong in interrupting him in the use of a way or passage from land in the rear of a certain tenement, of which he is seised in fee, over land adjoining, which belongs to the defendant, into the square sometimes called Church Square, and sometimes Cornhill Square, which is in the rear of the block of buildings standing upon the former site of the old brick meeting-house.
His counsel would derive his right to the easement claimed, by showing from the facts agreed, that he acquired it by prescription, or by so long…
2Cases cited1 opinion
- Pernam v. WeadMassachusetts Supreme Judicial Court · 1806
3Cited by60 opinions
- Post v. PearsallCourt for the Trial of Impeachments and Correction of Errors · 1839
- Woodhull v. . RosenthalNew York Court of Appeals · 1875
- Wells v. . GarbuttNew York Court of Appeals · 1892
- Oliver v. HookCourt of Appeals of Maryland · 1877
- Orpin v. MorrisonMassachusetts Supreme Judicial Court · 1918
55 more not listed; retrieve them via the Exa API.