Dunham v. Dodge
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court on May 27, 1919, against Frederick A. Dodge, Isabelle J. Dodge, Mildred IC. Lunt, and Alfred E. Lunt, seeking to enjoin the defendants from obstructing the right of way described in the opinion. The suit was heard in the Superior Court by Fox, 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 May 27, 1919, against Frederick A. Dodge, Isabelle J. Dodge, Mildred IC. Lunt, and Alfred E. Lunt, seeking to enjoin the defendants from obstructing the right of way described in the opinion. The suit was heard in the Superior Court by Fox, J., a commissioner having been appointed under Equity Rule 35 to take the testimony. The material evidence is described in the opinion. The plan there referred to, with some variation of details illustrating facts material to the decision of this suit, is shown on page 369. The judge filed a memorandum,…
1Opinion of the CourtCrosby, J.
By deed dated August 13, 1887, Andrew Dodge (father of the defendant Frederick A. Dodge) conveyed to Charles K. Ober a portion of his farm comprising the tracts now belonging to the plaintiff and the defendants Lunt, with a frontage of one hundred and thirty-three feet on Dodge Street in Beverly “together with a right of way to pass and repass, to and from said granted premises, over my own land, on the westerly side thereof.” The parties to this conveyance erected a fence along the boundary *370line between their respective tracts. In the year 1888 Ober conveyed to one Carr a lot eighty-nine…
2Cases cited10 opinions
- Wintersmith & Young v. Pointer & ConwayCourt of Appeals of Kentucky · 1859
- Lipsky v. HellerMassachusetts Supreme Judicial Court · 1908
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- George v. CoxMassachusetts Supreme Judicial Court · 1874
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