Central Wharf & Wet Dock Corp. v. Proprietors of India Wharf
Massachusetts Supreme Judicial Court
Writ of entry dated September 20, 1875, to recover a parcel of land in Boston, marked A on the plan printed in the margin of the next page. Plea, nul disseisin.
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Writ of entry dated September 20, 1875, to recover a parcel of land in Boston, marked A on the plan printed in the margin of the next page. Plea, nul disseisin. The case was submitted to this court on agreed facts, the material parts of which were as follows: In 1814, the tenant was seised in fee of India Wharf, India Street Wharf, (which was wholly built upon land which had been originally flats over which the tide ebbed and flowed,) and of the land, then covered by water and forming an open dock, marked A, B and C, on the plan.* On December 24,1814, an indenture was entered into between the…
1Opinion of the CourtGray, C. J.
The only question in this case is whether the fee in the soil of the dock between the two wharves, which is admitted to have been in the tenant before the execution of the *566indenture of 1814 between the tenant and Francis, under whom the demandant claims title, passed thereby to Francis, by virtue of the grant to him in that indenture of a small portion .of wharf at the head of the dock.
As a general rule, the grant of a wharf on the sea-shore passes the grantor’s title, under the ordinance of 1647, in the flats adjacent towards low-water mark, as appurtenant to, or, more strictly speaking, as…
2Cases cited3 opinions
- Storer v. FreemanMassachusetts Supreme Judicial Court · 1810
- Doane v. Broad Street Ass'nMassachusetts Supreme Judicial Court · 1810
- Wood v. Commissioners of West Boston & Cragie BridgesMassachusetts Supreme Judicial Court · 1877
3Cited by1 opinion
- Welch v. PhillipsMassachusetts Supreme Judicial Court · 1916