Dickinson v. Whiting
Massachusetts Supreme Judicial Court
Tokt for breaking and entering the plaintiff’s close in Billerica, and pulling down and removing a fence thereon. Trial in the Superior Court, without a jury, before Knowlton, J., who allowed a bill of exceptions, in substance as follows : In 1842, Francis Richardson owned a tract of land, which was bounded easterly by the Concord road and westerly by the Concord River.
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Tokt for breaking and entering the plaintiff’s close in Billerica, and pulling down and removing a fence thereon. Trial in the Superior Court, without a jury, before Knowlton, J., who allowed a bill of exceptions, in substance as follows : In 1842, Francis Richardson owned a tract of land, which was bounded easterly by the Concord road and westerly by the Concord River. A lane about twenty-five feet wide, bounded on each side by a stone wall with bar-ways at intervals opening into the adjacent fields, extended through it from the road to a point near the river. The entrance to the lane at the…
1Opinion of the CourtDevens, J.
The principal question raised by the bill of exceptions concerns the construction of the clause in relation to the use of the lane in the deed of Richardson, in 1842, by which Richardson (who then owned the entire tract, including the tracts now held respectively by the plaintiff and the defendant) conveyed to the defendant’s grantor the portion of the tract lying northerly of the northerly side of the lane. Immediately following the description of the premises conveyed were the words, “with a privilege for him [the grantee], his heirs and assigns, to use the lane on the south side of said…
2Cases cited4 opinions
- Welch v. WilcoxMassachusetts Supreme Judicial Court · 1869
- Nash v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1879
- Williams v. ClarkMassachusetts Supreme Judicial Court · 1885
- Tucker v. HowardMassachusetts Supreme Judicial Court · 1877
3Cited by18 opinions
- Fendall v. MillerOregon Supreme Court · 1921
- Short v. DevineMassachusetts Supreme Judicial Court · 1888
- Kotick, Et Ux. v. Durrant, Et Ux.Supreme Court of Florida · 1940
- Blanchard v. MaxsonSupreme Court of Connecticut · 1911
- Delconte v. SalloumMassachusetts Supreme Judicial Court · 1957
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