Lewis v. Beattie
Massachusetts Supreme Judicial Court
Tout for obstructing the plaintiff’s easement in a way leading from a highway along the easterly side of his land in Fall River.
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Tout for obstructing the plaintiff’s easement in a way leading from a highway along the easterly side of his land in Fall River. At the trial in the superior court, before Wilkinson, J., it appeared that Rhoda W. Strobridge and others, heirs of Benjamin D. Davol, on June 20, 1864, conveyed to the plaintiff, by warranty deed, a lot of land bounded by a line running easterly “ to a forty foot way,” and thence southerly “ by said way; ” and on the same day conveyed to William H. Jennings, under whom the defendants claimed, a lot of land lying east of that conveyed to the plaintiff, bounded by a…
1Opinion of the CourtWells, J.
The deed to the plaintiff from the heirs of Davol, under whom both parties have their title, described the land conveyed as running to and bounding on a way forty feet wide. The grantors were owners of the fee covered by the way mentioned. Standing by itself, this deed would carry the title to the middle of the strip described as a way; with an easement of way over the other half; and subject to a like easement reserved to the grantors over the half conveyed; as well as to whatever rights of way existed in others at the time. Fisher v. Smith, 9 Gray, 441. Winslow v. King, 14 Gray, 321.
The…
2Cited by7 opinions
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- Franklin Insurance v. CousensMassachusetts Supreme Judicial Court · 1879
- Young v. BramanSupreme Judicial Court of Maine · 1909
- Miller v. WashburnMassachusetts Supreme Judicial Court · 1875
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