Ashcroft v. Eastern Railroad
Massachusetts Supreme Judicial Court
Bill in equity, filed June 13, 1878, alleging that, on October 26, 1837, John Lovejoy conveyed to the defendant a parcel of land in Lynn, over which its railroad has been located, consisting of a strip twenty-eight feet in width; that said parcel has ever since been owned and used by the defendant; that, by the terms of the deed, Lovejoy created and reserved, for the benefit of his adjoining land, an easement in the land, namely, the right to receive water from a spring by…
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Bill in equity, filed June 13, 1878, alleging that, on October 26, 1837, John Lovejoy conveyed to the defendant a parcel of land in Lynn, over which its railroad has been located, consisting of a strip twenty-eight feet in width; that said parcel has ever since been owned and used by the defendant; that, by the terms of the deed, Lovejoy created and reserved, for the benefit of his adjoining land, an easement in the land, namely, the right to receive water from a spring by aqueduct logs, through a culvert across the land conveyed to the defendant, on to the adjoining land which was then owned…
1Opinion of the CourtMorton, J.
The plaintiff’s right to maintain this suit depends upon the construction of the clause in the deed recited in the defendant’s plea.
We are of opinion that this clause must operate as a reservation, or by way of implied grant. The operation of an exception in' a deed is to retain in the grantor some portion of his former estate, which by the exception is taken out of or excluded from the grant; and whatever is thus excluded remains in him as of his former right or title, because it is not granted. A reservation or implied grant vests in the grantor in the deed some new right or interest not…
2Cases cited2 opinions
- Stockbridge Iron Co. v. Hudson Iron Co.Massachusetts Supreme Judicial Court · 1871
- Dennis v. WilsonMassachusetts Supreme Judicial Court · 1871
3Cited by30 opinions
- Thayer v. ShoreyMassachusetts Supreme Judicial Court · 1934
- Childs v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1912
- Dawson v. Western Maryland RailroadCourt of Appeals of Maryland · 1907
- Bailey v. Agawam National BankMassachusetts Supreme Judicial Court · 1906
- Claflin v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1892
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