Fleming v. Cohen
Massachusetts Supreme Judicial Court
Bill in equity, filed December 17, 1901, to restrain tbe defendant from building or completing any wall or other structure over or upon the land of the plaintiff, for an order to remove such structures already built, and for damages. The case was referred to a master who filed a report.
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Bill in equity, filed December 17, 1901, to restrain tbe defendant from building or completing any wall or other structure over or upon the land of the plaintiff, for an order to remove such structures already built, and for damages. The case was referred to a master who filed a report. The Superior Court made a decree denying a motion of the defendant to amend the order of reference to the master by ordering him to report such portions of the evidence as either party might request, and ordered that the exceptions to the master’s report be overruled and the master’s report be confirmed. The…
1Opinion of the CourtBkaley, J.
The parties own adjoining estates, and the defendant has constructed a brick building, a small part of which is on the land of the plaintiff, unless the wall that forms the southwesterly side of the plaintiff’s house, and a part of the northeasterly side of that of the defendant, can be considered a party wall which he could properly use in the erection of his building, and this raises the principal question argued by the defendant on his exceptions to the master’s report.
The length of the entire wall is thirty-four and seventy-five one-hundredths feet, of which thirteen feet running westerly
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2Cases cited20 opinions
- Gorham v. GrossMassachusetts Supreme Judicial Court · 1878
- Schile v. . BrokhahusNew York Court of Appeals · 1880
- Parker v. NickersonMassachusetts Supreme Judicial Court · 1884
- Partridge v. . Gilbert and OthersNew York Court of Appeals · 1857
- Brooks v. . CurtisNew York Court of Appeals · 1873
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3Cited by16 opinions
- Sullivan v. DonohoeMassachusetts Supreme Judicial Court · 1934
- Mary Jane Stevens Co. v. First Nat. Bldg. Co.Utah Supreme Court · 1936
- Cashman v. BeanMassachusetts Supreme Judicial Court · 1917
- Ansin v. TaylorMassachusetts Supreme Judicial Court · 1928
- Bright v. Bacon & SonsCourt of Appeals of Kentucky · 1909
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