Quinn v. Morse
Massachusetts Supreme Judicial Court
Bill in equity, filed August 4, 1880, by the owner of a lot of land in Boston, marked Q on a plan, a copy of which is printed in the margin,* to restrain the defendant Morse and his servants from building brick walls on the plaintiff’s land. The answer averred that Morse was the owner of lots marked H and M on the plan, and was building partition walls, partly on his land and partly on the plaintiff’s land, and had the right so to build thereon.
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Bill in equity, filed August 4, 1880, by the owner of a lot of land in Boston, marked Q on a plan, a copy of which is printed in the margin,* to restrain the defendant Morse and his servants from building brick walls on the plaintiff’s land. The answer averred that Morse was the owner of lots marked H and M on the plan, and was building partition walls, partly on his land and partly on the plaintiff’s land, and had the right so to build thereon. The case was heard by Undioott, J., who ordered the bill to be dismissed, and reported the case for the consideration of the full court, in substance…
1Opinion of the CourtGray, C. J.
By the laws of the Colony and Province it was enacted that any one building on his own land in Boston might set half his partition wall on his neighbor’s land, and that the neighbor, when he should build, should pay for half of so much of the wall as he should build against. Col. St. February 13, 1683-4; 5 Mass. Col. Rec. 432. Prov. St. 1692-3 (4 W. & M.) c. 13; 1 Prov. Laws (State ed.) 42." This provision does not appear to have been repealed, although other sections of the Province law have been modified or superseded by later statutes. Prov. St. 1699-1700 (12 W. III.) c. 24; 1 Prov. Laws,…
2Cases cited2 opinions
- Brooks v. . CurtisNew York Court of Appeals · 1873
- Sanborn v. RiceMassachusetts Supreme Judicial Court · 1880
3Cited by4 opinions
- Everett v. EdwardsMassachusetts Supreme Judicial Court · 1889
- Fleming v. CohenMassachusetts Supreme Judicial Court · 1904
- Normille v. GillMassachusetts Supreme Judicial Court · 1893
- Wilkins v. JewettMassachusetts Supreme Judicial Court · 1885