Kelley v. Saltmarsh
Massachusetts Supreme Judicial Court
Bill in equity to restrain the defendants from cutting down the grade, eight or ten feet, of a private way, called Myrtle Street, in Haverhill. The case was heard on a master’s report, and exceptions thereto, by C. Allen, J., who ordered a decree for the plaintiffs; and the defendants appealed to the full court. The facts appear in the opinion.
1Opinion of the CourtMorton, C. J.
The defendants, being the equitable owners of a large tract of land, laid it out in streets and lots, delineated on a plan. One of the streets was Myrtle Street, twenty-five feet wide. They sold to the plaintiffs respectively lots on Myrtle Street, by deeds in which the boundaries ran to Myrtle Street, and thence by Myrtle Street to monuments named. These deeds conveyed to the plaintiffs respectively the right of way over Myrtle Street as laid out, and also the fee to the centre of the street, subject to the right of way in the defendants and their grantees. Peak v. Denniston, 121 Mass. 17.
As…
2Cases cited3 opinions
- Peck v. DennistonMassachusetts Supreme Judicial Court · 1876
- Killion v. KelleyMassachusetts Supreme Judicial Court · 1876
- Meehan v. BarryMassachusetts Supreme Judicial Court · 1867
3Cited by10 opinions
- McKenzie v. GleasonMassachusetts Supreme Judicial Court · 1904
- Rotch v. LivingstonSupreme Judicial Court of Maine · 1898
- Lemay v. FurtadoMassachusetts Supreme Judicial Court · 1902
- Hultzen v. WithamSupreme Judicial Court of Maine · 1951
- Vinton v. GreeneMassachusetts Supreme Judicial Court · 1893
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