Short v. Devine
Massachusetts Supreme Judicial Court
Tort for the obstruction of a right of way across the defendant’s land in Fall River. The plaintiff’s husband was joined as 'a party plaintiff.
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Tort for the obstruction of a right of way across the defendant’s land in Fall River. The plaintiff’s husband was joined as 'a party plaintiff. Trial in the Superior Court, before Barker, J., who reported the case for the determination of this court, as follows: Thomas Devine, who owned the premises, shown on a plan used at the trial, a copy of which is printed on the next page, conveyed the defendant’s land to him by a deed, which described it as beginning at a copher of other land of the grantor on the easterly side of North Court Street, thence running northerly by that street 48^-q feet,…
1Opinion of the Court
W. Allen, J. Thomas Devine, under whom both parties claim, conveyed the northerly portion of his front land to the defendant, and in the deed reserved, a right of way in these words: “The grantor reserves to himself, his heirs and assigns, to pass and repass over and upon a strip of land ten feet in width on the southerly line of above granted premises to and from North Court Street with teams and otherwise.” In Johnson v. Kinnicut, 2 Cush. 153, the grantor conveyed the westerly portion of his land, the easterly line of the land conveyed being twenty feet westerly of the west wall of his…
2Cases cited8 opinions
- Louisville & Frankfort Railroad v. BallardCourt of Appeals of Kentucky · 1859
- Maxwell v. McAteeCourt of Appeals of Kentucky · 1848
- Dickinson v. WhitingMassachusetts Supreme Judicial Court · 1886
- Welch v. WilcoxMassachusetts Supreme Judicial Court · 1869
- Nash v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1879
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3Cited by29 opinions
- O'Brien v. MurphyMassachusetts Supreme Judicial Court · 1905
- Hodgkins v. BianchiniMassachusetts Supreme Judicial Court · 1948
- Carter v. SullivanMassachusetts Supreme Judicial Court · 1932
- Ball v. AllenMassachusetts Supreme Judicial Court · 1914
- Les v. AlibozekMassachusetts Supreme Judicial Court · 1929
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