Story v. Odin
Massachusetts Supreme Judicial Court
The plaintiff declared in case, “ for that whereas, before and at the time of committing the grievance hereinafter mentioned, he was, and from thence hitherto has been, and still is, lawfully possessed of a certain building or store, with the appurtenances, situate in said Boston, on Dock-Square, so called ; in which said building there were, and still of right ought to be, divers, to wit, two windows and two doors, through which the light and air, during all the times…
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The plaintiff declared in case, “ for that whereas, before and at the time of committing the grievance hereinafter mentioned, he was, and from thence hitherto has been, and still is, lawfully possessed of a certain building or store, with the appurtenances, situate in said Boston, on Dock-Square, so called ; in which said building there were, and still of right ought to be, divers, to wit, two windows and two doors, through which the light and air, during all the times aforesaid, ought to have entered, and still of 'right ought to enter, into the said building, for the convenient and…
1Opinion of the CourtJackson, J.
As to the first objection, we are satisfied, on the authorities cited for the plaintiff,(1), † that it is unnecessary to set forth in the declaration, that the house is an ancient house, or that the plaintiff is entitled by prescription to the easement in question ; and the plaintiff might, if it had been necessary to his case, have proved such ancient right under this declaration. But the plaintiff’s right of action, in this case, does not depend on the antiquity of the building ; and we have not found it necessary to consider what would be the effect of the facts reported in that respect,…
2Cases cited1 opinion
- Grant v. ChaseMassachusetts Supreme Judicial Court · 1821
3Cited by39 opinions
- Lampman v. . MilksNew York Court of Appeals · 1860
- Parker & Edgarton v. FooteNew York Supreme Court · 1838
- Lasala v. HolbrookNew York Court of Chancery · 1833
- Payne v. Western & Atlantic RailroadTennessee Supreme Court · 1884
- City of Quincy v. JonesIllinois Supreme Court · 1875
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