O'Brien v. Schayer
Massachusetts Supreme Judicial Court
Tort for the obstruction of a passageway. At the trial in the Superior Court, before Putnam, J., it appeared that James A. Pearson, the owner of adjacent lots of land, called lots 12 and 13 on a certain plan, on Sixth Street in Boston, conveyed on May 1, 1861, by a warranty deed, recorded on June 28, 1861, to William P. Houston and Samuel H. L. Pierce, lot 13, referring to that plan, “subject and entitled to a common use with the estate adjoining southeasterly (being lot…
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Tort for the obstruction of a passageway. At the trial in the Superior Court, before Putnam, J., it appeared that James A. Pearson, the owner of adjacent lots of land, called lots 12 and 13 on a certain plan, on Sixth Street in Boston, conveyed on May 1, 1861, by a warranty deed, recorded on June 28, 1861, to William P. Houston and Samuel H. L. Pierce, lot 13, referring to that plan, “subject and entitled to a common use with the estate adjoining southeasterly (being lot twelve) of the passageway from Sixth Street, about three feet and ten inches wide on the southeasterly side of the granted…
1Opinion of the Court
By the Court.
In the deed under which the plaintiff claims, the words “ on the southeasterly side of the granted land ” do not of themselves show whether “ the passageway from Sixth Street, about three feet and ten inches wide,” is wholly on the land granted, or wholly on the adjoining lot, or partly on one and partly on the other. But it was proved that, when that deed was made, the only passageway on or adjoining the land granted was a passageway, partly on each lot, and three feet and ten inches wide, between the houses previously built on the two lots. That passageway is thus identified as…
2Cited by4 opinions
- Morris v. BluntUtah Supreme Court · 1916
- Anderson v. DeVriesMassachusetts Supreme Judicial Court · 1950
- Dunham v. DodgeMassachusetts Supreme Judicial Court · 1920
- Gerrish v. ShattuckMassachusetts Supreme Judicial Court · 1880