Butler v. Attorney General
Massachusetts Supreme Judicial Court
Petition, filed in tbe Court of Land Registration, now tbe Land Court, on February 8, 1902, for tbe registration of tbe title to certain land on tbe seashore at Bay View in Gloucester, having an unimproved beach. In tbe Land Court tbe case was beard by Davis, J., who found tbe following facts: Tbe premises include a vacant, unimproved, sandy beach not exceeding one hundred rods in width, and tbe petitioners own to low water mark.
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Petition, filed in tbe Court of Land Registration, now tbe Land Court, on February 8, 1902, for tbe registration of tbe title to certain land on tbe seashore at Bay View in Gloucester, having an unimproved beach. In tbe Land Court tbe case was beard by Davis, J., who found tbe following facts: Tbe premises include a vacant, unimproved, sandy beach not exceeding one hundred rods in width, and tbe petitioners own to low water mark. Tbe ownership of certain adjoining tracts belonging to other persons also extends to low water mark, so that access may be had to the petitioners’ beach between high…
1Opinion of the Court
Knowlton, O. J.
This is á petition for the registration of a title to an estate on the seashore, at Bay View in Gloucester. The premises include a vacant, unimproved, sandy beach, not exceeding one hundred rods in width, over which the tide ebbs and flows. Questions arose at the hearing in regard to rights, *82claimed by owners of neighboring estates along the shore, and by the Attorney General in behalf of the general public, to use the beach for bathing, fishing, fowling, navigation and for general purposes. Requests for rulings were made by both parties, and the judge of the Land Court ruled…
2Cases cited5 opinions
- Shively v. BowlbySupreme Court of the United States · 1894
- Henry v. City of NewburyportMassachusetts Supreme Judicial Court · 1889
- Hittinger v. EamesMassachusetts Supreme Judicial Court · 1877
- Slater v. GunnMassachusetts Supreme Judicial Court · 1898
- Attorney General v. HerrickMassachusetts Supreme Judicial Court · 1906
3Cited by34 opinions
- Smith v. New England Aircraft Co.Massachusetts Supreme Judicial Court · 1930
- Michaelson v. Silver Beach Improvement Ass'n, Inc.Massachusetts Supreme Judicial Court · 1961
- Opinion of the Justices to the House of RepresentativesMassachusetts Supreme Judicial Court · 1974
- Boston Waterfront Development Corp. v. CommonwealthMassachusetts Supreme Judicial Court · 1979
- Bell v. Town of WellsSupreme Judicial Court of Maine · 1989
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