Motley v. Sargent
Massachusetts Supreme Judicial Court
Tort for breaking and entering the plaintiff’s close, being a passage way about four feet wide, bounded northerly on Elm Street in Boston, and lying between other land of the plaintiff on the west and land of the defendant on the east.
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Tort for breaking and entering the plaintiff’s close, being a passage way about four feet wide, bounded northerly on Elm Street in Boston, and lying between other land of the plaintiff on the west and land of the defendant on the east. At the trial in the Superior Court, before Wilkinson, J., the defendant admitted acts done by him on the land, not authorized by an easement in the passage way, and the only issue was whethei the plaintiff was the owner in fee of the whole of the passage way, or whether the defendant was the owner in fee of one half thereof. In 1812, Zebulon Clapp was the owner…
1Opinion of the CourtDevens, J.
The only question necessary here to be determined is, what was the legal effect of the deed of Clapp to Amos Binney in 1812, so far as it concerns the conveyance of the easterly half of the passage way. If it failed to convey this, the plaintiff has shown title to it, and may maintain this action, the defendant having done acts therein not authorized by a mere right of passage, which it is conceded he has. If, on the other hand, the easterly half of the passage way was thus conveyed, it is unimportant whether it has been since conveyed by the heirs of Amos Binney, to whom the estate…
2Cases cited3 opinions
- Davis v. RainsfordMassachusetts Supreme Judicial Court · 1821
- Stark v. CoffinMassachusetts Supreme Judicial Court · 1870
- Wilson v. HildrethMassachusetts Supreme Judicial Court · 1875
3Cited by16 opinions
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- Rowley v. Massachusetts Electric Co.Massachusetts Supreme Judicial Court · 2003
- Crocker v. CottingMassachusetts Supreme Judicial Court · 1896
- Peck v. DennistonMassachusetts Supreme Judicial Court · 1876
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