Oliver v. Pitman
Massachusetts Supreme Judicial Court
Tort for obstructing the plaintiff’s alleged right of way by building a fence across Foster Place in Boston. The defendant, among other defences, justified under his deed.
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Tort for obstructing the plaintiff’s alleged right of way by building a fence across Foster Place in Boston. The defendant, among other defences, justified under his deed. At the trial in the superior court, before Brigham, J., it appeared that in 1823 Henry J. Oliver owned a tract of land in Boston and laid out and named Foster Place thereon with house lots on each side, and in 1829 sent a petition to the board of aldermen setting forth what he had done and asking “ to have the said name of said place recognized and duly recorded by the proper authority and hereafter known as such,” on which…
1Opinion of the CourtChapman, J.
The petition of Henry J. Oliver, and the order if the board of aldermen thereon, in 1829, do not purport to 1c more than establish the name of Foster Place. The terms Of the order do not establish it as a street or way, and the plaintiff cannot claim a right of way under it. Nor can he claim anything under the deed to Manley in 1823 ; for he is a stranger to the title thereby created. At the time of Oliver’s conveyance to Knowlton, in 1836, he owned the plaintiff’s lot, the defendant’s lot, and the whole of Foster Place from Foster Street to.the lane eading to Charter Street, excepting such…
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