Leavitt v. City of Cambridge
Massachusetts Supreme Judicial Court
Petition for a writ of mandamus, dated April 20, 1875, to compel the city of Cambridge to take under the St. of 1869, c. 391, certain lands, in which the female petitioner had a certain undivided interest in fee, as tenant in common, to compel the city to file a description thereof in the registry of deeds, and also to compel the mayor of said city to sign said description.
Read the full summary
Petition for a writ of mandamus, dated April 20, 1875, to compel the city of Cambridge to take under the St. of 1869, c. 391, certain lands, in which the female petitioner had a certain undivided interest in fee, as tenant in common, to compel the city to file a description thereof in the registry of deeds, and also to compel the mayor of said city to sign said description. The case was reserved by Wells, J., upon the petition, answer and the agreed facts, for the consideration of the full court, in order that the questions raised by the respondents’ answer on the construction of the St. of…
1Opinion of the Court
Morton", J.
The statute under which this case arises, in its first three sections, provides that the mayor and aldermen of the city of Cambridge may order the owner of the land within a certain described district, to fill up the same, and, if the owners of any such land fail to comply with such order, the mayor and aldermen may fill it up and collect the necessary expense thereof of such owner. St. 1869, c. 391.
The fourth section provides that “ any person entitled to any estate in any part of the land the grade of which shall be so raised by the said mayor and aldermen, who shall be…
2Cited by4 opinions
- Grace v. Board of HealthMassachusetts Supreme Judicial Court · 1883
- Farnsworth v. City of BostonMassachusetts Supreme Judicial Court · 1876
- Coombs v. AndersonMassachusetts Supreme Judicial Court · 1885
- Barnstable Savings Bank v. City of BostonMassachusetts Supreme Judicial Court · 1879