Downey v. Hood
Massachusetts Supreme Judicial Court
Two bills in equity, filed in the Superior Court on November 9, 1907, and August 5, 1908, praying for injunctions commanding the defendant to remove obstructions which it had placed in St. Mark Street, Anson Street and Percy Street, in that part of Boston called Forest Hills, private ways shown on the plan on the following page, that it be enjoined from further obstructing those ways, and for further relief.
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Two bills in equity, filed in the Superior Court on November 9, 1907, and August 5, 1908, praying for injunctions commanding the defendant to remove obstructions which it had placed in St. Mark Street, Anson Street and Percy Street, in that part of Boston called Forest Hills, private ways shown on the plan on the following page, that it be enjoined from further obstructing those ways, and for further relief. The cases were heard by Fox, J., and the evidence was taken by a commissioner. From the bills, answers and an agreed statement of facts it appeared that the plaintiffs severally owned the…
1Opinion of the CourtBraley, J.
The executors of the will of Rebecca Weld divided a tract of land belonging to her estate into house lots, and prepared a plan designating them by numbers, with three proposed streets on which forty-four of the lots abutted. The remaining six lots fronted the highway on the south, with which the streets connected and which afforded the only means of access to the public ways. They then conveyed .the premises to one Weed, describing them as “ shown on the plan... to be recorded herewith.” The deed and plan having been recorded, the subsequent deeds given by him, under which the parties derive…
2Cases cited19 opinions
- Lynch v. Union Institution for SavingsMassachusetts Supreme Judicial Court · 1893
- Fox v. Union Sugar RefineryMassachusetts Supreme Judicial Court · 1872
- Lipsky v. HellerMassachusetts Supreme Judicial Court · 1908
- Stewart v. JoyceMassachusetts Supreme Judicial Court · 1909
- O'Brien v. MurphyMassachusetts Supreme Judicial Court · 1905
14 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Stewart v. FinkelstoneMassachusetts Supreme Judicial Court · 1910
- Goldstein v. BealMassachusetts Supreme Judicial Court · 1945
- Dubinsky v. CamaMassachusetts Supreme Judicial Court · 1927
- Gorton-Pew Fisheries Co. v. TolmanMassachusetts Supreme Judicial Court · 1912
- Wellwood v. Havrah Mishna Anshi Sphard Cemetery Corp.Massachusetts Supreme Judicial Court · 1926
38 more not listed; retrieve them via the Exa API.