Legal Opinion

Ralph v. Clifford

Massachusetts Supreme Judicial Court

Decided February 9, 1916PublishedCited by 11 opinions

Bill in equity, filed in the Superior Court on September 12, 1904, by part owners of a lot of land on Richards Avenue in North Attleborough who sought, as the successors in title of Ellen Miller, to whom the land was conveyed by Henry L. Kendall on May 30, 1881, to restrain the defendants from obstructing by the erection of a building or otherwise an alleged private street or way forty feet wide running from Richards Avenue to Church Street.

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Bill in equity, filed in the Superior Court on September 12, 1904, by part owners of a lot of land on Richards Avenue in North Attleborough who sought, as the successors in title of Ellen Miller, to whom the land was conveyed by Henry L. Kendall on May 30, 1881, to restrain the defendants from obstructing by the erection of a building or otherwise an alleged private street or way forty feet wide running from Richards Avenue to Church Street. The case was referred to a master who filed a report in which were found the facts that are stated in the opinion. No exceptions to the master’s report…

1Opinion of the CourtCrosby, J.

This is a bill in equity brought to restrain the defendants from obstructing an alleged private street. The land now owned by the plaintiffs and by the defendants, respectively, formerly was included in a larger tract owned by one Kendall, and was bounded on the south by a way known as Richards Avenue in North Attleborough. On May 30, 1881, Kendall, by deed, sold and conveyed to Ellen Miller a lot of land bounded fifty feet by Richards Avenue and one hundred and forty feet deep. The plaintiffs are the successors in title to an interest in this lot.

The defendant Annie M. Clifford is the owner…

2Cases cited4 opinions

  1. Sprague v. KimballMassachusetts Supreme Judicial Court · 1913
  2. Tobey v. City of TauntonMassachusetts Supreme Judicial Court · 1876
  3. Foley v. McCarthyMassachusetts Supreme Judicial Court · 1892
  4. Decatur v. WalkerMassachusetts Supreme Judicial Court · 1884

3Cited by11 opinions

  1. Murphy v. Mart Realty of Brockton, Inc.Massachusetts Supreme Judicial Court · 1965
  2. Casella v. SneiersonMassachusetts Supreme Judicial Court · 1949
  3. Prentiss v. City of GloucesterMassachusetts Supreme Judicial Court · 1920
  4. Oldfield v. SmithMassachusetts Supreme Judicial Court · 1939
  5. Tattan v. KurlanMassachusetts Appeals Court · 1992

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