Murphy v. Welch
Massachusetts Supreme Judicial Court
Tort for breaking and entering the plaintiff’s close in Lowell. Writ dated February 25, 1878. Trial in the Superior Court, before Putnam, J., who directed a verdict for the plaintiff, and reported the case for the determination of this court, in substance as follows: The plaintiff and the defendant are owners of adjoining lots of land on North Street in Lowell.' In 1856 both of these lots were owned by Michael Pendergrast, who, on August 6 in that year, mortgaged, by deed…
Read the full summary
Tort for breaking and entering the plaintiff’s close in Lowell. Writ dated February 25, 1878. Trial in the Superior Court, before Putnam, J., who directed a verdict for the plaintiff, and reported the case for the determination of this court, in substance as follows: The plaintiff and the defendant are owners of adjoining lots of land on North Street in Lowell.' In 1856 both of these lots were owned by Michael Pendergrast, who, on August 6 in that year, mortgaged, by deed containing a power of sale, the lot now owned by the plaintiff to the Lowell Mutual Loan and Fund Association. On the 12th…
1Opinion of the CourtAmes, J.
It appears from the report that the lots belonging to these parties respectively were both of them, in August 1856, owned by Michael Pendergrast, and were at that time but one Lot. Of course, while they continued to be in his ownership, it would be impossible that there could be such an adverse use as would create an easement in favor of one of the lots within the limits of the other. On the sixth day of that month, Pendergrast mortgaged the lot now held by the plaintiff to the Lowell Mutual Loan and Fund Association, and in that mortgage no reservation or provision of any kind was made for…
2Cases cited2 opinions
- Perkins v. PittsMassachusetts Supreme Judicial Court · 1814
- Pitman v. KintnerIndiana Supreme Court · 1839
3Cited by13 opinions
- Mt. Holyoke Realty Corp. v. Holyoke Realty Corp.Massachusetts Supreme Judicial Court · 1933
- Holmes v. Turner's Falls Co.Massachusetts Supreme Judicial Court · 1890
- Earnshaw v. WhittemoreMassachusetts Supreme Judicial Court · 1907
- Marvin v. AndersonWisconsin Supreme Court · 1901
- First Baptist Church of Sharon v. HarperMassachusetts Supreme Judicial Court · 1906
8 more not listed; retrieve them via the Exa API.