Flagg v. Phillips
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court for the county of Suffolk on January 9, 1907, seeking to restrain the defendants from maintaining a flower stand in a passageway in which the plaintiffs claimed a right of way under a deed from the common predecessor in title of the plaintiffs and the defendants. The case was heard by Sotmmond, J., who made a decree for the plaintiffs. The defendants appealed. The facts are stated in the opinion.
1Opinion of the CourtRugg, J.
The plaintiffs seek to have removed a flower stand from a passageway over which they claim a right of way. The *217title to the fee in the way was not discussed, and the decree expressly refrains from adjudicating respecting it. All the parties assumed that the way had existed for a long time. The title deeds introduced by the plaintiffs contain this description of boundary upon the passageway in question upon which their premises abut, namely, “ westerly by a passageway laid out from said Winter Street to Hamilton Place.” This language conveyed at least a right of way over the entire extent of…
2Cases cited1 opinion
- Gould v. WagnerMassachusetts Supreme Judicial Court · 1907
3Cited by9 opinions
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