Miller v. Washburn
Massachusetts Supreme Judicial Court
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
- Lewis v. BeattieMassachusetts Supreme Judicial Court · 1870
3Cited by9 opinions
- Durkin v. CobleighMassachusetts Supreme Judicial Court · 1892
- Anzalone v. Metropolitan District CommissionMassachusetts Supreme Judicial Court · 1926
- Clapp v. WilderMassachusetts Supreme Judicial Court · 1900
- Atlanta Mills v. MasonMassachusetts Supreme Judicial Court · 1876
- Mahler v. BrumderWisconsin Supreme Court · 1896
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