Perkins v. City of Lawrence
Massachusetts Supreme Judicial Court
Bill in equity, by the purchaser of a lot in a public cemetery owned by the defendant city, to restrain the building of a wall and a terrace in front of the lot; and to compel the restoration of the premises to their condition at the time of such purchase. At the hearing in the Superior Court, on the bill and answer and the report of a master in chancery, the bill was dismissed; and the plaintiff appealed to this court. The facts appear in the opinion.
1Opinion of the Court
Holmes J.
The plaintiff does not show any ground whatever for his claim of an easement over the triangle in front of his lot. It appears on the plan enclosed by lines, which withdraw it from the ways there delineated, and there is nothing which imports any limitation upon the uses to which the owners may put it. The plaintiff’s case therefore must stand altogether on his rights in the ways. The extent of those rights, if any, depends on the effect to be given to the fact that the plan is referred to in his deed, for the purpose of identifying the lot sold to him. In determining the effect of…
2Cases cited3 opinions
- Sohier v. Trinity ChurchMassachusetts Supreme Judicial Court · 1871
- Williams v. Boston Water Power Co.Massachusetts Supreme Judicial Court · 1883
- Seymour v. PageSupreme Court of Connecticut · 1865
3Cited by4 opinions
- State v. ScovilleSupreme Court of Connecticut · 1905
- Wetherby v. City of JacksonMichigan Supreme Court · 1933
- Mount Hope Cemetery Ass'n v. New Mount Hope Cemetery Ass'nIllinois Supreme Court · 1910
- Mullins v. Mount St. Mary's Cemetery Ass'nSupreme Court of Missouri · 1914