Crocker v. Cotting
Massachusetts Supreme Judicial Court
Petition, by Annie B. Crocker, Edith Page, Calvin G. Page, and Hollis B. Page, against Charles U. Cotting and Francis C. Welch, trustees under the will of Samuel K. Williams, and Jonathan A. Lane, John C. Lane, and George S. Winslow, trustees under the will of George S. Winslow, for partition of a parcel of land in Boston. The Probate Court dismissed the petition ; and the petitioners appealed to this court.
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Petition, by Annie B. Crocker, Edith Page, Calvin G. Page, and Hollis B. Page, against Charles U. Cotting and Francis C. Welch, trustees under the will of Samuel K. Williams, and Jonathan A. Lane, John C. Lane, and George S. Winslow, trustees under the will of George S. Winslow, for partition of a parcel of land in Boston. The Probate Court dismissed the petition ; and the petitioners appealed to this court. Hearing before Barker, J., who reversed the decree of the Probate Court; and the respondents appealed to the full court. The facts appear in the opinion.
1Opinion of the CourtHolmes, J.
This is a petition for partition of a strip of land subject to a passageway, which already has been before the court. Crocker v. Cotting, 166 Mass. 183. In the former case *69it was decided that the land under the way was not parcel of the adjoining estates. If it was not, then there was no question that it passed by two conveyances to the predecessors in title of the present parties, as tenants in common, or that the present parties are tenants in common still. This proceeding was begun in the Probate Court after the above decision. Pub. Sts. c. 178, §§ 1, 45. The case is here on appeal from…
2Cases cited6 opinions
- Willard v. WillardSupreme Court of the United States · 1892
- Crocker v. CottingMassachusetts Supreme Judicial Court · 1896
- Atlanta Mills v. MasonMassachusetts Supreme Judicial Court · 1876
- Bradley's Fish Co. v. DudleySupreme Court of Connecticut · 1870
- Mitchell v. StarbuckMassachusetts Supreme Judicial Court · 1813
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Roberts v. JonesMassachusetts Supreme Judicial Court · 1940
- Jones v. StevensMassachusetts Supreme Judicial Court · 1931
- Crocker v. CottingMassachusetts Supreme Judicial Court · 1902
- Witt v. ReavisOregon Supreme Court · 1978
- O'Brien v. MahoneyMassachusetts Supreme Judicial Court · 1901
5 more not listed; retrieve them via the Exa API.