Jamaica Pond Aqueduct Corp. v. Chandler
Massachusetts Supreme Judicial Court
Writ of entry for the recovery of three parcels of land. The demandants’ immediate grantor of the demanded premises was George H. Williams, by deed dated October 19th 1857. His grantor was the city of Boston, by deed dated January 1st 1857, and the city was the grantee of the aqueduct corporation, by deed dated May 12th 1851. All these deeds were simple releases, without description or covenants.
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Writ of entry for the recovery of three parcels of land. The demandants’ immediate grantor of the demanded premises was George H. Williams, by deed dated October 19th 1857. His grantor was the city of Boston, by deed dated January 1st 1857, and the city was the grantee of the aqueduct corporation, by deed dated May 12th 1851. All these deeds were simple releases, without description or covenants. That of the aqueduct corporation conveyed to the city of Boston “ all and singular the property, estates, rights and privileges ” of the corporation, and similar terms were used in the conveyance of…
1Opinion of the CourtBigelow, C. J.
The lucid arguments of the learned counsel for the respective parties have made the points at issue in this apparently complicated case very plain and easily to be understood. The controversy relates to three portions or parcels of real estate, the title to which depends on considerations peculiar to each, and which therefore may be appropriately discussed separately.
1. The first parcel is that which is described in the title deeds as a passage way or highway from the town road to the old mill situated on a brook known as “ Muddy Brook.” The demandants claim that the fee of the land over…
2Cases cited1 opinion
- Bridge v. WellingtonMassachusetts Supreme Judicial Court · 1804
3Cited by4 opinions
- Cunningham v. Norwegian Lutheran Church of AmericaWashington Supreme Court · 1947
- Loomis v. G. F. Heublein & Bro.Supreme Court of Connecticut · 1916
- Joliet & C. R. Co. v. United StatesCourt of Appeals for the Seventh Circuit · 1941
- Wolf v. RobertsTuscarawas County Court of Common Pleas · 1945