Franklin Insurance v. Cousens
Massachusetts Supreme Judicial Court
Tort for obstructing the plaintiff’s right of way over Cedar Square, so called, in Cambridge. Writ dated January 24, 1878. The case was submitted to the Superior Court on agreed facts in substance as follows: On February 19, 1873, Samuel G. Reed, who owned a large tract of land in Cambridge, bounded by Cedar Street, Belmont Street and McLean Place, as shown on the plan printed in the margin,* by deed duly recorded on the same day, mortgaged to the plaintiff a parcel of this…
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Tort for obstructing the plaintiff’s right of way over Cedar Square, so called, in Cambridge. Writ dated January 24, 1878. The case was submitted to the Superior Court on agreed facts in substance as follows: On February 19, 1873, Samuel G. Reed, who owned a large tract of land in Cambridge, bounded by Cedar Street, Belmont Street and McLean Place, as shown on the plan printed in the margin,* by deed duly recorded on the same day, mortgaged to the plaintiff a parcel of this tract, with the buildings thereon, bounding and describing it as follows: “ Beginning at the corner of Cedar Square and…
1Opinion of the CourtMorton, J.
The mortgage deed under which the plaintiff claims conveys to it a lot of land one of the boundaries of which is described as on “ Cedar Square,” being the premises “ lately known as the Hotel Flanders.” Before this deed was made, *261Reed the mortgagor, being the owner of the land now claimed by the plaintiff and the defendant, had laid out and graded over the. land claimed by the defendant, on the northerly front of the plaintiff’s premises, a way thirty feet wide, running from Cedar Street to McLean Place.
This way was graded and finished, curved curbstones having been set up by the city at the…
2Cases cited2 opinions
- Tobey v. City of TauntonMassachusetts Supreme Judicial Court · 1876
- Lewis v. BeattieMassachusetts Supreme Judicial Court · 1870
3Cited by13 opinions
- Goldstein v. BealMassachusetts Supreme Judicial Court · 1945
- Durkin v. CobleighMassachusetts Supreme Judicial Court · 1892
- Lemay v. FurtadoMassachusetts Supreme Judicial Court · 1902
- Nickson v. GarryNew Mexico Supreme Court · 1947
- Young v. BramanSupreme Judicial Court of Maine · 1909
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