Legal Opinion

Farnsworth v. City of Boston

Massachusetts Supreme Judicial Court

Decided November 25, 1878PublishedCited by 15 opinions

Petition to the Superior Court, filed originally by Walter Farnsworth alone, on December 18, 1876, for a jury to assess damages, for the taking by the respondent of a parcel of land in Boston, under the St. of 1873, o. 340. On December 20, 1876, the Union Institution for Savings, which held a mortgage on the petitioner’s land, dated June 2, 1871, and then due, filed, in the Superior Court, a petition setting forth its interest as mortgagee, and praying that it might join as…

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Petition to the Superior Court, filed originally by Walter Farnsworth alone, on December 18, 1876, for a jury to assess damages, for the taking by the respondent of a parcel of land in Boston, under the St. of 1873, o. 340. On December 20, 1876, the Union Institution for Savings, which held a mortgage on the petitioner’s land, dated June 2, 1871, and then due, filed, in the Superior Court, a petition setting forth its interest as mortgagee, and praying that it might join as a party in the petition filed by Farnsworth; and the court, against the respondent’s objection, allowed this to be done.…

1Opinion of the CourtLord, J.

The case of Breed v. Eastern Railroad, arising in Essex County, in 1840, and reported 5 Gray, 470, note, decides that, when land is taken for a public purpose, the damages for the taking are to be assessed to the owner of the equity of redemption, without regal’d to the question whether or not there *3are mortgages upon it. The principle upon which that case is settled is decisive of this.

Whether, under the St. of 1873, o. 340, a taking because of a surrender by the owner is to be deemed a taking under the right of eminent domain, is not very material, inasmuch as the statute provides that the…

2Cases cited3 opinions

  1. Paine v. WoodsMassachusetts Supreme Judicial Court · 1871
  2. Farnsworth v. City of BostonMassachusetts Supreme Judicial Court · 1876
  3. Pond v. EddyMassachusetts Supreme Judicial Court · 1873

3Cited by15 opinions

  1. A. W. Duckett & Co. v. United StatesSupreme Court of the United States · 1924
  2. Dolliver v. St. Joseph Fire & Marine InsuranceMassachusetts Supreme Judicial Court · 1880
  3. Union Institution for Savings v. City of BostonMassachusetts Supreme Judicial Court · 1880
  4. Worcester v. City of BostonMassachusetts Supreme Judicial Court · 1901
  5. Bates v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1905

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