Legal Opinion

Miller v. Washburn

Massachusetts Supreme Judicial Court

Decided March 1, 1875PublishedCited by 9 opinions

Tort for obstructing a right of way in Auburndale. Trial in the Superior Court, before Lord, J., who allowed a bill of exceptions in substance as follows: On October 11,1858, the defendant conveyed to Ai Blood a parcel of land bounded and described as follows: “ Beginning at the northwesterly corner of said lot, at the easterly side of Waltham Street, at the centre of a ditch, and from thence running southerly, bounded by the easterly side of said Waltham Street, and…

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Tort for obstructing a right of way in Auburndale. Trial in the Superior Court, before Lord, J., who allowed a bill of exceptions in substance as follows: On October 11,1858, the defendant conveyed to Ai Blood a parcel of land bounded and described as follows: “ Beginning at the northwesterly corner of said lot, at the easterly side of Waltham Street, at the centre of a ditch, and from thence running southerly, bounded by the easterly side of said Waltham Street, and extending 350 feet, and from thence running southerly, southeasterly, easterly and northeasterly on a curve line as the fence…

1Opinion of the CourtDevens, J.

By the conveyance from the defendant to Blood, he granted premises “ bounded on the east by a private road or way, and extending on a straight line one hundred and thirty-six feet on said way,” and thence continuing in the same course, bounded by said Washburn’s land, one hundred and ninety-three feet. He further granted thereby a right of way, to be used in common over and upon his land on the easterly side of the land conveyed, not less than thirty-three feet in width, and extending two hundred and forty feet from the southerly end of the lot conveyed. Without determining, as we are urged…

2Cases cited1 opinion

  1. Lewis v. BeattieMassachusetts Supreme Judicial Court · 1870

3Cited by9 opinions

  1. Durkin v. CobleighMassachusetts Supreme Judicial Court · 1892
  2. Anzalone v. Metropolitan District CommissionMassachusetts Supreme Judicial Court · 1926
  3. Clapp v. WilderMassachusetts Supreme Judicial Court · 1900
  4. Atlanta Mills v. MasonMassachusetts Supreme Judicial Court · 1876
  5. Mahler v. BrumderWisconsin Supreme Court · 1896

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