Gerrish v. Shattuck
Massachusetts Supreme Judicial Court
Bill xn equity, filed October 11, 1879, to restrain the defendant from obstructing a passageway running from Prescott Street in Lowell to the plaintiff’s land.
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Bill xn equity, filed October 11, 1879, to restrain the defendant from obstructing a passageway running from Prescott Street in Lowell to the plaintiff’s land. The case was heard by Ames, J., and reported for the consideration of the full court, in substance as follows: Wright died in 1858, and the plaintiff, his daughter, is the owner, by inheritance and by deed from the other heirs, of lot A, and of the right of way over lot B. The defendant acquired in 1879 the rights of Burnap in lot B, subject to the right of way over it. On September 3, 1857, Nathaniel Wright, who then owned the lots…
1Opinion of the CourtSoule, J.
It appears that when Burnap, the grantor of the defendant, became the owner of the premises now owned by the defendant, the premises were so built upon that the only part of them over which access could be had by foot-passengers from Prescott Street to the building on the land now owned by the plaintiff, was a strip, on the northerly side, about four and one half feet wide. It appears further, that while Wright, the plaintiff’s father, the grantor of Burnap, was in possession of the plaintiff’s land, and Burnap owned the defendant’s land, a fence was standing on the northerly line of the…
2Cases cited4 opinions
- Tucker v. HowardMassachusetts Supreme Judicial Court · 1880
- Nash v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1879
- Tucker v. HowardMassachusetts Supreme Judicial Court · 1877
- O'Brien v. SchayerMassachusetts Supreme Judicial Court · 1878
3Cited by12 opinions
- Morris v. BluntUtah Supreme Court · 1916
- Dyer v. CompereNew Mexico Supreme Court · 1937
- Carter v. SullivanMassachusetts Supreme Judicial Court · 1932
- Gray v. KelleyMassachusetts Supreme Judicial Court · 1907
- Delconte v. SalloumMassachusetts Supreme Judicial Court · 1957
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