Killion v. Kelley
Massachusetts Supreme Judicial Court
Bill iít equity, filed June 8, 1875, to restrain the defendant from obstructing the plaintiffs in the work of raising, improving and grading a private way called Regent Court, leading out of Regent Street in Boston. Hearing before Wells, J., who reported the case for the consideration of the full court in substance as follows: The plaintiffs are severally owners of houses and lots abutting on said court, with common rights of way through and over the same.
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Bill iít equity, filed June 8, 1875, to restrain the defendant from obstructing the plaintiffs in the work of raising, improving and grading a private way called Regent Court, leading out of Regent Street in Boston. Hearing before Wells, J., who reported the case for the consideration of the full court in substance as follows: The plaintiffs are severally owners of houses and lots abutting on said court, with common rights of way through and over the same. The defendant is owner of a lot at the corner of the court and Regent Street, by deed from Nourse, one of the plaintiffs, describing the…
1Opinion of the CourtMorton, J.
Nourse, one of the plaintiffs, being the owner of a tract of land, divided it into lots, and laid out through it a private way twenty feet wide, now called Regent Court.
He conveyed to the other plaintiffs and the defendant, severally, lots bounding upon this private way. There is no doubt that his deeds conveyed to the several grantees a right of way over this private way. O'Linda v. Lothrop, 21 Pick. 292. Tufts *52v. Charlestown, 2 Gray, 271. Gaw v. Hughes, 111 Mass. 296. If we assume, as was held at the hearing, that the defendant’s deed gave him no right in the passageway, except the right to…
2Cases cited2 opinions
- Gaw v. HughesMassachusetts Supreme Judicial Court · 1873
- Meehan v. BarryMassachusetts Supreme Judicial Court · 1867
3Cited by22 opinions
- Lipsky v. HellerMassachusetts Supreme Judicial Court · 1908
- Guillet v. LivernoisMassachusetts Supreme Judicial Court · 1937
- Greene v. CannyMassachusetts Supreme Judicial Court · 1884
- Martin v. Simmons Properties, LLCMassachusetts Supreme Judicial Court · 2014
- Cain v. Aspinwall-Delafield Co.Supreme Court of Pennsylvania · 1927
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