Lagorio v. Lewenberg
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on February 12, 1916, seeking to establish the right of way described in the opinion and to have the defendant restrained from interfering with the plaintiff’s rights thereto. The suit was heard by McLaughlin, J., a commissioner having been appointed under Equity Rule 35 to take the testimony. The material evidence is described in the opinion.
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Bill in equity, filed in the Superior Court on February 12, 1916, seeking to establish the right of way described in the opinion and to have the defendant restrained from interfering with the plaintiff’s rights thereto. The suit was heard by McLaughlin, J., a commissioner having been appointed under Equity Rule 35 to take the testimony. The material evidence is described in the opinion. A final decree for the plaintiff was entered by order of the judge; and the defendant appealed.
1Opinion of the CourtCarroll, J.
The defendant owned a tract of land on Blue Hill Avenue in that part of Boston called Dorchester, upon a portion of which he had built a block of one story stores. In February, 1911, he caused a plan of the entire premises to be made and recorded in the Suffolk Registry of Deeds. The plan showed an eight foot strip of land in the rear of the block, and on the north side a right of way eight feet wide. At this time he gave a mortgage to the Attleborough Savings Bank, upon that part of the tract on which the block stood with the eight foot strip in the rear — the premises now owned by the…
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