Hollenbeck v. McDonald
Massachusetts Supreme Judicial Court
Tobt for trespass in forcibly entering the close of Octavius J. Hollenbeck, digging a ditch and laying an aqueduct from the spring there, to the defendant’s premises, and taking the water by means of the aqueduct.
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Tobt for trespass in forcibly entering the close of Octavius J. Hollenbeck, digging a ditch and laying an aqueduct from the spring there, to the defendant’s premises, and taking the water by means of the aqueduct. Trial in the Superior Court before Dewey, J., who reported the case as follows: “ It appeared that George Tyler conveyed the premises where the spring is situated, to Hiram Pomeroy, November 3, 1834. Pomeroy conveyed the same to Hubbard Fox, March 16, 1837. Fox died seised of, and his heirs conveyed the same to Edward Dorr, and Dorr conveyed the same to Hollenbeck, April 24,1856. No…
1Opinion of the CourtGray, C. J.
The terms of the lease from Fox to Tyler clearly included a right in the aqueduct through which the water was taken, as well as in the water itself.
By the common law, a lease of real estate for nine hundred and ninety-nine years, as for any less> time, creates but a chattel interest, requires no words of limitation to heirs and assigns, and need not run to executors and administrators. Shep. Touchst. 76. Gay, petitioner, 5 Mass. 419. Chapman v. Gray, 15 Mass. 439, 445. Our statutes providing that so long as fifty years of the term of a lease for one hundred years or more remain unexpired, it…
2Cases cited3 opinions
- Oliver v. DickinsonMassachusetts Supreme Judicial Court · 1868
- Upon the Petition of GayMassachusetts Supreme Judicial Court · 1809
- Chapman v. GrayMassachusetts Supreme Judicial Court · 1819
3Cited by4 opinions
- Fulgenitti v. CariddiMassachusetts Supreme Judicial Court · 1935
- Stark v. MansfieldMassachusetts Supreme Judicial Court · 1901
- In re DouganUnited States Bankruptcy Court, D. Massachusetts · 2013
- Fitzgerald v. Brenaman, Court of Common Pleas of Ohio, Franklin County, Civil Division1915