Clark v. Parker
Massachusetts Supreme Judicial Court
Bill in equity to restrain the defendant from using Gloucester Place in Boston as a back entrance to his houses abutting on the westerly end thereof. A demurrer for lack of equity was inserted in the answer.
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Bill in equity to restrain the defendant from using Gloucester Place in Boston as a back entrance to his houses abutting on the westerly end thereof. A demurrer for lack of equity was inserted in the answer. The case, as it appeared from the bill and answer, on which it was reserved by Grray, J., for the determination of the full court, was as follows : The court of common pleas in 1842, on the petition of Margaret C. Drane and Eliza J. Caldwell, setting forth that they were tenants in common with the heirs of Mary Miles of a parcel of land on Front Street, now Harrison Avenue, in Boston, and…
1Opinion of the CourtColt, J.
The defendant claims to own an undivided two thirds of the fee on Gloucester Place, subject to the easements in it; and, as such owner, to have the right to use it for access to his other land, or for any other purpose not inconsistent with the easements imposed upon it. His title depends upon the construction to be given to the partition which was macre by the court between the tenants in common of the estate through which this Way was located by the commissioners.
The commissioners of partition, in their return to the court, after describing by bounds the whole estate, declare that they have…
2Cited by19 opinions
- City of Indianapolis v. KingsburyIndiana Supreme Court · 1884
- Snoddy v. BolenSupreme Court of Missouri · 1894
- Erickson v. AmesMassachusetts Supreme Judicial Court · 1928
- McKenzie v. GleasonMassachusetts Supreme Judicial Court · 1904
- MacCorkle v. City of CharlestonWest Virginia Supreme Court · 1928
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