Kaatz v. Curtis
Massachusetts Supreme Judicial Court
Bill nsr equity, filed in the Superior Court on December 5, 1911, by the owner of certain real estate in Lawrence, adjoining an alleged private way called John Street, against the owner and the husband of the owner of a lot of land also adjoining such private way, praying that John Street as shown on the plan mentioned in the opinion might be established ás a private way, and that the defendants might be enjoined from interfering with the grading and levelling and the free…
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Bill nsr equity, filed in the Superior Court on December 5, 1911, by the owner of certain real estate in Lawrence, adjoining an alleged private way called John Street, against the owner and the husband of the owner of a lot of land also adjoining such private way, praying that John Street as shown on the plan mentioned in the opinion might be established ás a private way, and that the defendants might be enjoined from interfering with the grading and levelling and the free use of John Street by the plaintiff. The case was referred to Frederic N. Chandler, Esquire, as master. He found that the…
1Opinion of the CourtDe Courcy, J.
The only question before us on this appeal from the final decree is whether the decree is within the scope of the bill and is supported by the facts found by the master. E. W. Burt & Co. v. Coes & Young Co. 212 Mass. 134. The record is not clear. The testimony of certain witnesses, referred to in the master’s report as being annexed thereto, is not in fact printed; and the same is true of some of the exhibits in the case. We can consider the printed statement of facts agreed upon by counsel only so far as it appears to embody the evidence that was before the judge whose decree is appealed…
2Cases cited8 opinions
- Wintersmith & Young v. Pointer & ConwayCourt of Appeals of Kentucky · 1859
- Downey v. HoodMassachusetts Supreme Judicial Court · 1909
- New England Structural Co. v. Everett Distilling Co.Massachusetts Supreme Judicial Court · 1905
- McKenzie v. GleasonMassachusetts Supreme Judicial Court · 1904
- Boston Water Power Co. v. City of BostonMassachusetts Supreme Judicial Court · 1879
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3Cited by14 opinions
- Sheftel v. LebelMassachusetts Appeals Court · 1998
- Erickson v. AmesMassachusetts Supreme Judicial Court · 1928
- Anderson v. DeVriesMassachusetts Supreme Judicial Court · 1950
- Bacon v. Onset Bay Grove Ass'nMassachusetts Supreme Judicial Court · 1922
- Lagorio v. LewenbergMassachusetts Supreme Judicial Court · 1917
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