Vinton v. Greene
Massachusetts Supreme Judicial Court
Bill in equity, filed on November 9, 1891, praying that the defendants be restrained from changing the grade of a passageway leading into Temple Place, in the. city of Boston. Hearing before Allen, J., who directed a decree for the plaintiffs, from which the defendants appealed; and the case was reported upon the pleadings, an agreed statement of facts, and the evidence, for the determination of the full court upon the appeal. The bill alleged the following facts.
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Bill in equity, filed on November 9, 1891, praying that the defendants be restrained from changing the grade of a passageway leading into Temple Place, in the. city of Boston. Hearing before Allen, J., who directed a decree for the plaintiffs, from which the defendants appealed; and the case was reported upon the pleadings, an agreed statement of facts, and the evidence, for the determination of the full court upon the appeal. The bill alleged the following facts. The plaintiffs are the owners of a parcel of land in the city of Boston, bounded southwesterly by Temple Place, so called,…
1Opinion of the CourtHolmes, J.
This is a bill in equity, brought to restrain the defendants from changing the grade of a passageway. The defendants appeal from a decree for the plaintiffs, and the case is before us on agreed facts and evidence. The questions are whether the plaintiffs have lost by abandonment a right which otherwise they are admitted to have, and whether the contemplated change would interfere with the plaintiffs’ rights. The facts which are material to our decision are not disputed. The plaintiffs’ title is derived from one who owned both the dominant and servient estates. His deed conveyed the easement…
2Cases cited4 opinions
- Killion v. KelleyMassachusetts Supreme Judicial Court · 1876
- Hayford v. SpokesfieldMassachusetts Supreme Judicial Court · 1868
- Kelley v. SaltmarshMassachusetts Supreme Judicial Court · 1888
- Nute v. Boston Co-Operative Building Co.Massachusetts Supreme Judicial Court · 1889
3Cited by9 opinions
- Watts v. C. I. Johnson & Bowman Real Estate Corp.Supreme Court of Virginia · 1906
- Rotch v. LivingstonSupreme Judicial Court of Maine · 1898
- Beals v. Inhabitants of BrooklineMassachusetts Supreme Judicial Court · 1923
- Hultzen v. WithamSupreme Judicial Court of Maine · 1951
- Stifel v. HannanWest Virginia Supreme Court · 1924
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