United States v. Appleton
U.S. Circuit Court for the District of Massachusetts
Trespass quare clausum fregit. The parties agreed to a statement of facts, the substance of which is as follows; A certain block of brick buildings, situate on CustomHouse street, in Boston, was erected by the owners of the land on which it stands, in April. 1808. in the form, size, and manner, and with the doors and windows of each tenement, and the piazza in front of the central building, precisely as they now exist.
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Trespass quare clausum fregit. The parties agreed to a statement of facts, the substance of which is as follows; A certain block of brick buildings, situate on CustomHouse street, in Boston, was erected by the owners of the land on which it stands, in April. 1808. in the form, size, and manner, and with the doors and windows of each tenement, and the piazza in front of the central building, precisely as they now exist. The central building was designed for. and has since been used as. a custom-house. The stores constituting the wings project several feet beyond the front of the custom-house;…
1Opinion of the Court
STORY, Circuit Justice.
The question is, whether the defendant, Appleton, in virtue of the conveyance to him, is entitled to swing the side-door of his store over the piazza of the custom-house, and to pass in and out of his store through that side-door into CustomHouse street. In other words, is he entitled to the use of that door and the piazza, as a passage from , and to Custom-House street? It appears to me, that upon principle and authority he is so entitled. The general rule of law is that when a house or store is conveyed by the owner thereof, every thing then belonging to. and in' use…
2Cases cited2 opinions
- Story v. OdinMassachusetts Supreme Judicial Court · 1815
- Grant v. ChaseMassachusetts Supreme Judicial Court · 1821
3Cited by31 opinions
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- Muscogee Manufacturing Co. v. Eagle & Phenix MillsSupreme Court of Georgia · 1906
- Morrison v. MarquardtSupreme Court of Iowa · 1867
- Stovall v. Coggins Granite Co.Supreme Court of Georgia · 1902
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