Tuttle v. Kilroa
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Superior Court, to restrain the defendant from obstructing a right of way claimed by the plaintiffs in and over certain premises in Boston known as “ Goldsmith Place.” The following is a copy of the plan.
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Bill in equity, filed in the Superior Court, to restrain the defendant from obstructing a right of way claimed by the plaintiffs in and over certain premises in Boston known as “ Goldsmith Place.” The following is a copy of the plan. Lots 6, 7, 8, 9,10, which do not appear on the plan, are continuations in a straight line of lots 4 and 5. A decree was entered “ that the plaintiffs have a right of way over and across Goldsmith Place to and from Centre Street and lots numbered thirty, a strip of land twelve feet wide across the rear of lots four and five, lots six, seven, eight, nine and ten,…
1Opinion of the CourtMorton, J.
This is a bill in equity to enjoin the defendant from obstructing the plaintiff in the use of a passageway known as Goldsmith Place in the city of Boston. There was a decree for the plaintiff, from which the defendant appealed. The testimony was taken by a commissioner in accordance with Chancery Rule 35 of the Superior Court, and is before us. It includes a reference to and extracts from the deeds and instruments, which are numerous, on which the parties rely. We do not deem it necessary to consider in detail the deeds and instruments thus referred to. Several plans were also in evidence…
2Cases cited2 opinions
- Atlanta Mills v. MasonMassachusetts Supreme Judicial Court · 1876
- Crocker v. CottingMassachusetts Supreme Judicial Court · 1898
3Cited by4 opinions
- Empire Bridge Co. v. Larkin Soap Co.New York Supreme Court · 1908
- York Realty, Inc. v. WilliamsMassachusetts Supreme Judicial Court · 1943
- Cetlin v. BradfordMassachusetts Supreme Judicial Court · 1922
- Thompson v. SnyderNew Mexico Supreme Court · 1908