Whitney v. Cheshire Railroad
Massachusetts Supreme Judicial Court
Bill in equity, filed in the Supreme Judicial Court on July 13, 1893, and amended by leave of court on September 24,1910, to enforce specifically a certain agreement, described in the opinion, made on October 15, 1849, by the defendant Cheshire Railroad Company with the plaintiff Baxter D. Whitney.
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Bill in equity, filed in the Supreme Judicial Court on July 13, 1893, and amended by leave of court on September 24,1910, to enforce specifically a certain agreement, described in the opinion, made on October 15, 1849, by the defendant Cheshire Railroad Company with the plaintiff Baxter D. Whitney. The defendants’ answers were filed on September 19, 1893. It was stated in the report to the full court, that “ about 1902, on the calling of the docket, the matter was again called to the attention of the plaintiff’s present counsel, and they, after correspondence with the defendant’s counsel and…
1Opinion of the CourtSheldon, J.
The bill is brought to secure specific performance of a covenant of the first named defendant contained in an indenture executed in October, 1849, between the plaintiff and that defendant. By that indenture the plaintiff, in consideration of “the agreement” thereafter contained on the part of the railroad company and of $1 acknowledged to have been paid to him, conveyed to the company a strip of land therein described, to be used by the company for the construction and maintenance of its railroad thereon. He therein reserved to himself in fee certain water rights, privileges and easements,…
2Cases cited28 opinions
- Johnston v. Standard Mining Co.Supreme Court of the United States · 1893
- Bronson v. CoffinMassachusetts Supreme Judicial Court · 1871
- Campbell v. WhoriskeyMassachusetts Supreme Judicial Court · 1898
- Drury v. Midland RailroadMassachusetts Supreme Judicial Court · 1879
- Jackson v. Rutland & Burlington RailroadSupreme Court of Vermont · 1853
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3Cited by13 opinions
- Willets v. LanghaarMassachusetts Supreme Judicial Court · 1912
- Dubinsky v. CamaMassachusetts Supreme Judicial Court · 1927
- Norwood Trust Co. v. Twenty-Four Federal Street Corp.Massachusetts Supreme Judicial Court · 1936
- Cutujian v. Benedict Hills Estates Assn.California Court of Appeal · 1996
- Pierce v. State National BankMassachusetts Supreme Judicial Court · 1913
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