Winslow v. Nayson
Massachusetts Supreme Judicial Court
Bill in equity for an injunction, alleging that the plaintiffs, in right of the wife, were seised in fee of a parcel of land in the bill described, with buildings thereon, situated in Amesbury; that they and their grantors had been in quiet possession for more than forty-five years, and had erected buildings and inclosed the land by fences which had been in the same position, fronting upon the highway bounding the premises, for more than forty years; that the defendants, who…
Read the full summary
Bill in equity for an injunction, alleging that the plaintiffs, in right of the wife, were seised in fee of a parcel of land in the bill described, with buildings thereon, situated in Amesbury; that they and their grantors had been in quiet possession for more than forty-five years, and had erected buildings and inclosed the land by fences which had been in the same position, fronting upon the highway bounding the premises, for more than forty years; that the defendants, who were the road commissioners of Amesbury, asserted that the county commissioners of the county of Essex in 1827 had…
1Opinion of the CourtGray, C. J.
The complaint against the defendant Nay son has been irregularly treated as a distinct cause, and entered upon the docket as such. It is really but an incident to the principal suit, and all the papers relating to it should be filed with the other papers in the case. These observations are made to prevent similar irregularities in the future. In the present case, they are comparatively immaterial, because the plaintiffs have failed to make out the contempt charged.
The authorities cited by the learned counsel for the plaintiffs show that when the court has pronounced an order for the immediate…
2Cases cited4 opinions
- Milkman v. OrdwayMassachusetts Supreme Judicial Court · 1870
- Lessor of Fisher v. CockerellSupreme Court of the United States · 1831
- Creely v. Bay State Brick Co.Massachusetts Supreme Judicial Court · 1870
- Fisk v. CushmanMassachusetts Supreme Judicial Court · 1850
3Cited by49 opinions
- Pettibone v. United StatesSupreme Court of the United States · 1893
- Van Voorhis v. . BrintnallNew York Court of Appeals · 1881
- Cartwright's CaseMassachusetts Supreme Judicial Court · 1873
- Root v. MacDonaldMassachusetts Supreme Judicial Court · 1927
- Quinn v. BaageSupreme Court of Iowa · 1907
44 more not listed; retrieve them via the Exa API.