Esty v. Currier
Massachusetts Supreme Judicial Court
Writ of entry to recover a parcel of land in Middleton. The only plea filed by the tenant was a special disclaimer of all right in the demanded premises, except that he owned the barn, (formerly a cider-house and mill,) part of which stood thereon, and had an easement in so much of the land as such part of said building stood upon, so long as it should stand thereon, with the privileges and appurtenances necessary to the free and convenient use of said building and the land…
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Writ of entry to recover a parcel of land in Middleton. The only plea filed by the tenant was a special disclaimer of all right in the demanded premises, except that he owned the barn, (formerly a cider-house and mill,) part of which stood thereon, and had an easement in so much of the land as such part of said building stood upon, so long as it should stand thereon, with the privileges and appurtenances necessary to the free and convenient use of said building and the land under the same. The demandant replied that the tenant was a tenant of so much of the demanded premises as was covered by…
1Opinion of the CourtGray, J.
A grant or reservation of a house, mill or other building, annexed to land, and to be used while thus annexed, includes the land under it, and not a mere easement therein. Allen v. Scott, 21 Pick. 25. Bacon v. Bowdoin, 22 Pick. 401. Stockwell v. Hunter, 11 Met. 455. Johnson v. Rayner, 6 Gray, 110. In the division of the estate of Timothy Fuller therefore, the reservation, in the portion set off to one of his heirs, and the including, in the portion set off to another, of “ the whole of the cider-house and cider-mill standing on land set” to the first, "so long as the said cider-house shall…
2Cited by14 opinions
- Kimbrell v. RogersSupreme Court of Alabama · 1890
- Merrill v. BullockMassachusetts Supreme Judicial Court · 1870
- Scanlan v. GeddesMassachusetts Supreme Judicial Court · 1873
- Sholovitz v. NoorigianSupreme Court of Rhode Island · 1919
- Fay v. DugganMassachusetts Supreme Judicial Court · 1883
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