Oliver v. Dickinson
Massachusetts Supreme Judicial Court
Tort for entering the plaintiff’s close in Worcester, and removing a building used for a storehouse and a privy, and obstructing a yard and passageway. The defendant justified under deeds from the executors of the will of John Green.
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Tort for entering the plaintiff’s close in Worcester, and removing a building used for a storehouse and a privy, and obstructing a yard and passageway. The defendant justified under deeds from the executors of the will of John Green. At the trial in the superior court, before Rockwell, J., it was agreed that Green formerly owned a lot of land abutting on Main Street in Worcester, (which street ran north and south,) on the front of which lot were situated two buildings, one wooden, the other of brick, and in the rear the building after-wards removed by the defendant, all substantially as…
1Opinion of the CourtGray, J.
The only express demise to the plaintiff was of the wooden building south of the lessor’s brick dwelling-house. No title in the separate outbuilding, the yard or the passageway, passed as parcel of “ the wooden building,” because they were not within a curtilage or inclosure adjoining it and distinct from the brick house which was not included in the lease; nor as appurtenant to the premises granted, because land will not pass as appurtenant to land. 2 Saund. 401, note. Leonard v. White, 7 Mass. 6. Ammidown v. Ball, 8 Allen, 293. But any right of way or other easement necessary to the…
2Cases cited1 opinion
- Leonard v. WhiteMassachusetts Supreme Judicial Court · 1810
3Cited by21 opinions
- Mt. Holyoke Realty Corp. v. Holyoke Realty Corp.Massachusetts Supreme Judicial Court · 1933
- Dubinsky v. CamaMassachusetts Supreme Judicial Court · 1927
- Gorton-Pew Fisheries Co. v. TolmanMassachusetts Supreme Judicial Court · 1912
- Raynes v. StevensMassachusetts Supreme Judicial Court · 1914
- Bacon v. KennesonMassachusetts Supreme Judicial Court · 1935
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