Gould v. Wagner
Massachusetts Supreme Judicial Court
Petition, filed in the Land Court December 22, 1905, for registration of land constituting a passageway five feet wide and two hundred feet long running between Bennington Street and Newtonville Avenue in Newton, or, in the alternative, for registration of an easement of way in the passageway. The case was tried before Davis, J., who made findings and rulings admitting evidence to which only the respondent Barker excepted.
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Petition, filed in the Land Court December 22, 1905, for registration of land constituting a passageway five feet wide and two hundred feet long running between Bennington Street and Newtonville Avenue in Newton, or, in the alternative, for registration of an easement of way in the passageway. The case was tried before Davis, J., who made findings and rulings admitting evidence to which only the respondent Barker excepted. The evidence referred to in the fifth paragraph of the opinion was as follows: All the property mentioned was situated on the northerly slope of Mt. Ida, a steep hill in…
1Opinion of the CourtMorton, J.
The questions in this case relate to the rights of the parties'in a passageway five feet wide, extending from Bennington Street to Newtonville Avenue in Newton, and bounding easterly the lots belonging to the respondents. The passageway and lots formerly belonged to one John B. Gould, and constituted one lot known as lot 17 on a plan of land belonging to one Granger. The passageway was laid out by Gould along and next to the easterly line of lot 17. He did not own then and has not owned since any land easterly of and adjoining lot 17 on that side. The respondents claim title to the passageway…
2Cases cited13 opinions
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