Burnham v. Mahoney
Massachusetts Supreme Judicial Court
Bill in equity, inserted in a common law writ in the Superior Court dated August 1, 1907, by the owner of two lots of land in the town of Mattapoisett, alleging the existence of a way passing in part over the land of the plaintiff and in part over the land of the defendant called Meade Street and leading northerly from the so called “Homestead Lot” of the plaintiff to a public highway called the Fairhaven road, and that the defendant erected fences and bars across this way…
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Bill in equity, inserted in a common law writ in the Superior Court dated August 1, 1907, by the owner of two lots of land in the town of Mattapoisett, alleging the existence of a way passing in part over the land of the plaintiff and in part over the land of the defendant called Meade Street and leading northerly from the so called “Homestead Lot” of the plaintiff to a public highway called the Fairhaven road, and that the defendant erected fences and bars across this way and placed a building and other obstructions thereon; and praying that the defendant might be enjoined from obstructing…
1Opinion of the CourtRugg, C. J.
This suit is brought by the owner of two lots of land to restrain the owner of a third parcel, known as the Mill *527Lot, from obstructing a right of way claimed to exist over that lot as the servient estate, to define its precise limits and to obtain other relief.
The plaintiff’s predecessor in title acquired the two lots, one called the Homestead Lot and the other the Orchard Lot, by separate deeds, in 1855 and 1858 respectively, from the proprietors at that time of all the estates here drawn in question, who later sold the Mill Lot to the predecessors in title of the defendant. The Homestead…
2Cases cited6 opinions
- Willets v. LanghaarMassachusetts Supreme Judicial Court · 1912
- Downey v. HoodMassachusetts Supreme Judicial Court · 1909
- Driscoll v. SmithMassachusetts Supreme Judicial Court · 1903
- Ball v. AllenMassachusetts Supreme Judicial Court · 1914
- McKenney v. McKenneyMassachusetts Supreme Judicial Court · 1913
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Newton v. WeilerMontana Supreme Court · 1930
- New England Home for Deaf Mutes v. Leader Filling Stations Corp.Massachusetts Supreme Judicial Court · 1931
- Brooks v. West Boston Gas Co.Massachusetts Supreme Judicial Court · 1927
- Barrett v. DuchaineMassachusetts Supreme Judicial Court · 1925
- USA Cartage Leasing, LLC v. BaerCourt of Special Appeals of Maryland · 2011
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