O' Connell v. Bryant
Massachusetts Supreme Judicial Court
Tort for cutting down trees standing by the side of a highway in Lexington, on land alleged to be owned by the plaintiff. At the trial in the Superior Court, before Colburn, J., the issue was whether the land of the plaintiff, which was on the southerly side of the street, extended to the centre of the highway, or stopped at the side thereof.
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Tort for cutting down trees standing by the side of a highway in Lexington, on land alleged to be owned by the plaintiff. At the trial in the Superior Court, before Colburn, J., the issue was whether the land of the plaintiff, which was on the southerly side of the street, extended to the centre of the highway, or stopped at the side thereof. The description of it in the deed to the plaintiff, and in the deed to her grantor, was as follows : “ Beginning on the southerly side of the old county road leading through East Lexington to Boston, at the westerly corner of land now or late of Curtis…
1Opinion of the CourtGray, C. J.
By a general and now well established rule of construction, the boundary “ on the county road ” would include the fee in the land to the middle of the road, if owned by the grantor; and the first part of the description, “ beginning on *558the southerly side of ” that road, being the only clause in the deed that raises any ambiguity, does not refer to any fixed monument at the edge of the road, and may have effect as indicating on which side of the road the land lay, and is not, in our opinion, sufficient to take the case out of the general rule, Boston v. Richardson, 13 Allen, 146. White v.…
2Cases cited1 opinion
- White v. GodfreyMassachusetts Supreme Judicial Court · 1867
3Cited by7 opinions
- Gray v. KelleyMassachusetts Supreme Judicial Court · 1907
- McKenzie v. GleasonMassachusetts Supreme Judicial Court · 1904
- Dodd v. WittMassachusetts Supreme Judicial Court · 1885
- Dean v. City of LowellMassachusetts Supreme Judicial Court · 1883
- Everett v. City of Fall RiverMassachusetts Supreme Judicial Court · 1905
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