Legal Opinion

Cotting v. City of Boston

Massachusetts Supreme Judicial Court

Decided February 25, 1909PublishedCited by 20 opinions

Petition, filed in the Land Court on March 27,1906, against the city of Boston and the Boston Elevated Railway Company, under R. L. c. 182, §§ 11-14, and St. 1904, c. 448, § 1, cl. 3, to determine the validity or define the nature or extent of a possible license, privilege, easement or incumbrance claimed by the respondents in the land and building owned by the petitioners at the corner of Court Street and Cornhill in Boston.

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Petition, filed in the Land Court on March 27,1906, against the city of Boston and the Boston Elevated Railway Company, under R. L. c. 182, §§ 11-14, and St. 1904, c. 448, § 1, cl. 3, to determine the validity or define the nature or extent of a possible license, privilege, easement or incumbrance claimed by the respondents in the land and building owned by the petitioners at the corner of Court Street and Cornhill in Boston. The respondent city is the owner and the respondent the Boston Elevated Railway Company is the lessee of certain land and buildings situated at the corner of Court…

1Opinion of the CourtRugg, J.

The deed, which gives rise to the present controversy, was executed in 1818 by David Greenough to John Lemist. It granted “ a certain lot of land, with the store thereon *99standing ” situated on the corner of Court Street and Brattle Street. The lot was irregular in shape, measuring about twenty-two feet on Court Street and thirty-two feet on Brattle Street, the other two lines being adjacent to buildings, and respectively eighteen and thirty-two feet in length. At the conclusion of the description and as a part of the granting clause follow these words: “ with a privilege in the passage of the…

2Cases cited1 opinion

  1. Simonds v. SimondsMassachusetts Supreme Judicial Court · 1908

3Cited by20 opinions

  1. Eustace v. DickeyMassachusetts Supreme Judicial Court · 1921
  2. Mt. Holyoke Realty Corp. v. Holyoke Realty Corp.Massachusetts Supreme Judicial Court · 1933
  3. Union National Bank v. NesmithMassachusetts Supreme Judicial Court · 1921
  4. New England Home for Deaf Mutes v. Leader Filling Stations Corp.Massachusetts Supreme Judicial Court · 1931
  5. Ansin v. TaylorMassachusetts Supreme Judicial Court · 1928

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