Murphy v. Lee
Massachusetts Supreme Judicial Court
Tort, for breaking and entering the plaintiff’s close in Boston, and cutting down a fence and posts thereon. Writ dated September 16, 1885. The answer alleged that the defendant had a right of way over the land of the plaintiff, four feet in .width, and that the fence and posts taken down obstructed said passageway.
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Tort, for breaking and entering the plaintiff’s close in Boston, and cutting down a fence and posts thereon. Writ dated September 16, 1885. The answer alleged that the defendant had a right of way over the land of the plaintiff, four feet in .width, and that the fence and posts taken down obstructed said passageway. Trial in the Superior Court, without a jury, before Barker, J., who allowed a bill of exceptions, in substance as follows : The plaintiff owns lot 1, and the defendant lot 4, as shown on a plan, a copy of which is printed in the margin.* The passageway in question is a part of…
1Opinion of the CourtW. Allen, J.
The only exception is to the ruling of the court that a right of way over the plaintiff’s land was not reserved as appurtenant to the defendant’s land by the deeds under which the plaintiff claims. The plaintiff derives her title from one Lappen, who, in 1872, conveyed the lot now owned by' her to one Kane, who subsequently -conveyed it to the plaintiff. Both deeds contained the words, “ There is a passageway on the southeasterly side of said premises, which is to be used in common with the abutters thereon.” The defendant’s land abuts on the southeasterly side of. the plaintiff’s land; and…
2Cases cited3 opinions
- Bridger v. . PiersonNew York Court of Appeals · 1871
- Hornbeck v. WestbrookNew York Supreme Court · 1812
- Stockwell v. CouillardMassachusetts Supreme Judicial Court · 1880
3Cited by12 opinions
- Anzalone v. Metropolitan District CommissionMassachusetts Supreme Judicial Court · 1926
- Nelson v. BaconSupreme Court of Vermont · 1943
- Hodgkins v. BianchiniMassachusetts Supreme Judicial Court · 1948
- Wood v. BoydMassachusetts Supreme Judicial Court · 1887
- Haverhill Savings Bank v. GriffinMassachusetts Supreme Judicial Court · 1903
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