Baker v. Willard
Massachusetts Supreme Judicial Court
Two BILLS in EQUITY, filed April 17 and 24, 1896, respectively, by the owners of two parcels of land on Beacon Street in Boston, marked X and Y on the plan given below, to restrain the defendants, who, as well as the plaintiffs, derived their title through successive conveyances from Samuel Eliot, who died in 1820, from obstructing the light and air over a certain passageway leading off of Tremont Street, or from erecting buildings over the same.
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Two BILLS in EQUITY, filed April 17 and 24, 1896, respectively, by the owners of two parcels of land on Beacon Street in Boston, marked X and Y on the plan given below, to restrain the defendants, who, as well as the plaintiffs, derived their title through successive conveyances from Samuel Eliot, who died in 1820, from obstructing the light and air over a certain passageway leading off of Tremont Street, or from erecting buildings over the same. The case was referred to a master, and on the coming in of his report was heard on thé pleadings, master’s report, and exhibits, by Allen, J., who,…
1Opinion of the CourtAllen, J.
We will consider'in the first place the nature and extent of the supposed original right which the plaintiffs respectively seek to establish. This right had its origin in the provisions of the will of Samuel Eliot, who died in 1820. He was the owner of the estate in Boston on the corner of Beacon and Tremont Streets, bounding south on Beacon Street, and east on Tremont Street. His mansion-house faced on Tremont Street, and the land immediately connected with it was bounded southerly by Beacon Street, and northerly by an open court or space about twenty feet wide, and extended westerly to his…
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3Cited by7 opinions
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