Legal Opinion

Lefavour v. McNulty

Massachusetts Supreme Judicial Court

Decided March 4, 1893PublishedCited by 5 opinions

Trespass quare clausum, for entering upon the plaintiff’s premises, situated in Salem, on May 1, 1886, and tearing down and destroying a fence thereon. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, on agreed facts, in substance as follows.

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Trespass quare clausum, for entering upon the plaintiff’s premises, situated in Salem, on May 1, 1886, and tearing down and destroying a fence thereon. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, on agreed facts, in substance as follows. In 1669, the plaintiff’s land, marked A, extending- southerly from Main Street, now Essex Street, in Salem, as shown on the following plan, was owned by Henry Kemble; the defendant’s land, a part of which is shown on the plan and marked B, was owned by Alexander Sears; the lot designated on…

1Opinion of the Court

Field, 0. J.

We understand, from the agreed statement of facts, that the way was well defined by boundaries; that it had been used in connection with all the lands hereinafter described since 1669: and that for more than forty years a fence had been maintained across the way at the northerly boundary of what is *416now the defendant’s lot, with a gate in this fence through which the way was used for the purpose of passing to and from Essex' Street from and to the defendant’s lot. From 1866 to 1883 the plaintiff’s land, the defendant’s land, and lot C were owned by Elizabeth Hodges. She might have…

2Cases cited2 opinions

  1. Fox v. Union Sugar RefineryMassachusetts Supreme Judicial Court · 1872
  2. Goss v. CalhaneMassachusetts Supreme Judicial Court · 1873

3Cited by5 opinions

  1. Mt. Holyoke Realty Corp. v. Holyoke Realty Corp.Massachusetts Supreme Judicial Court · 1933
  2. Boland v. St. John's SchoolsMassachusetts Supreme Judicial Court · 1895
  3. Lemay v. FurtadoMassachusetts Supreme Judicial Court · 1902
  4. Jasper v. Worcester Spinning & Finishing Co.Massachusetts Supreme Judicial Court · 1945
  5. Knapp v. ReynoldsMassachusetts Supreme Judicial Court · 1951

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