Nash v. New England Mutual Life Insurance
Massachusetts Supreme Judicial Court
Bill in equity, filed December 3, 1877, alleging that the plaintiffs were owners of a parcel of land fronting on Merchants’ Row in Boston; that there was a passageway about seventy-two feet long and about eight feet and one inch wide throughout its entire length leading from State Street to this parcel of land and bounded northerly by it, and westerly by land formerly of Andrew J. Allen and now owned by the defendant; that the plaintiffs owned in fee one undivided third of…
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Bill in equity, filed December 3, 1877, alleging that the plaintiffs were owners of a parcel of land fronting on Merchants’ Row in Boston; that there was a passageway about seventy-two feet long and about eight feet and one inch wide throughout its entire length leading from State Street to this parcel of land and bounded northerly by it, and westerly by land formerly of Andrew J. Allen and now owned by the defendant; that the plaintiffs owned in fee one undivided third of the soil of this passageway, and had the right to have the whole of it lie open and unincumbered for their use as a…
1Opinion of the CourtEndicott, J.
We cannot give to the deeds the construction for which the defendant contends; namely, that the plaintiffs are not entitled to have the whole passageway, not less than eight feet wide, open and unincumbered, but are entitled to have. only a reasonable and convenient way within these limits.
By the indenture of 1769, between John Jeffries and others, who were owners in fee of the passageway, over which a way then existed, it was agreed that it measured “ nine feet in the front on King Street,” and “at the upper end six feet four inches,” and that it should “ always lie open and unincumbered for…
2Cases cited4 opinions
- Cadigan v. BrownMassachusetts Supreme Judicial Court · 1876
- Creely v. Bay State Brick Co.Massachusetts Supreme Judicial Court · 1870
- Washburn v. MillerMassachusetts Supreme Judicial Court · 1875
- Tucker v. HowardMassachusetts Supreme Judicial Court · 1877
3Cited by17 opinions
- Tucker v. HowardMassachusetts Supreme Judicial Court · 1880
- Childs v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1912
- Short v. DevineMassachusetts Supreme Judicial Court · 1888
- Hyland v. FondaNew Jersey Superior Court Appellate Division · 1957
- Gray v. KelleyMassachusetts Supreme Judicial Court · 1907
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