Norcross v. City of Cambridge
Massachusetts Supreme Judicial Court
Bill in equity, filed May 4, 1895, by James A. Norcross and Orlando W. Norcross, against the city of Cambridge, John O’Brien, Henry D. Yerxa, and George H. Cox, alleging that the plaintiffs were the owners in fee of certain parcels of land in Cambridge ; that on February 7, 1894, the defendant city caused to be recorded in the registry of deeds a certain instrument by which the city attempted to take and hold, by right of eminent domain, certain lands therein, including the…
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Bill in equity, filed May 4, 1895, by James A. Norcross and Orlando W. Norcross, against the city of Cambridge, John O’Brien, Henry D. Yerxa, and George H. Cox, alleging that the plaintiffs were the owners in fee of certain parcels of land in Cambridge ; that on February 7, 1894, the defendant city caused to be recorded in the registry of deeds a certain instrument by which the city attempted to take and hold, by right of eminent domain, certain lands therein, including the lands of the plaintiffs above mentioned, and to devest the plaintiffs of their title to the lands; that the defendants…
1Opinion of the CourtMorton, J.
The objection that the bill should be dismissed because of the pendency of the proceedings in the Superior Court has not been pressed, and is disposed of by the case of Moore v. Sanford, 151 Mass. 285.
The plaintiffs contend that the statute under which their land was taken is unconstitutional, first, because it does not provide compensation by way of interest from the date of the paper taking to the date of the actual entry and taking of possession, and secondly, because the rate of interest is fixed at four per *511cent instead of six. See Pub. Sts. c. 77, § 3, and c. 171, § 8. In other words,…
2Cases cited7 opinions
- Edmands v. City of BostonMassachusetts Supreme Judicial Court · 1871
- Moore v. SanfordMassachusetts Supreme Judicial Court · 1890
- Frazer v. Bigelow Carpet Co.Massachusetts Supreme Judicial Court · 1886
- Donnelly v. . City of BrooklynNew York Court of Appeals · 1890
- Phillips v. South Park CommissionersIllinois Supreme Court · 1887
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3Cited by16 opinions
- Orono-Veazie Water District v. Penobscot County Water Co.Supreme Judicial Court of Maine · 1975
- Warren v. . SusmanSupreme Court of North Carolina · 1915
- Nichols v. Commissioner of Corporations & TaxationMassachusetts Supreme Judicial Court · 1943
- Dodson v. Anne Arundel CountyCourt of Appeals of Maryland · 1982
- Pattison v. Buffalo, Rochester & Pittsburgh Ry. Co.Supreme Court of Pennsylvania · 1920
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