Page v. O'Toole
Massachusetts Supreme Judicial Court
Tort for breaking and entering the plaintiff’s close in that part of Boston formerly West Roxbury, and keeping the plaintiff from the use, possession, and improvement of the same from September 1, 1882, to the date of the writ, September 12, 1885. Trial in the Superior Court, before Mason, J., who reported the case for the determination of this court, in substance as follows: One Gilman Page was, in 1868, the„ owner of land which included the premises described in the…
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Tort for breaking and entering the plaintiff’s close in that part of Boston formerly West Roxbury, and keeping the plaintiff from the use, possession, and improvement of the same from September 1, 1882, to the date of the writ, September 12, 1885. Trial in the Superior Court, before Mason, J., who reported the case for the determination of this court, in substance as follows: One Gilman Page was, in 1868, the„ owner of land which included the premises described in the plaintiff’s declaration. Gilman Page died in 1881, leaving a will, which was admitted to probate on July 25, 1881, by which he…
1Opinion of the CourtHolmes, J.
The power given to the city of Boston and the town of West Roxbury by the St. of 1868, o. 223, § 1, to “ take or purchase land,” is manifestly given to the city and town severally, not jointly, if we read only the first part of the section. And when, after going on to provide that the “ city or town, as the case may be,” shall file in the office of the registry of deeds a description of the land so taken, the section concludes, “ and the title to all land so taken shall vest in said city or said town, as the case may be,” the purpose of the last words is not satisfied by construing them as…
2Cases cited1 opinion
- Dingley v. City of BostonMassachusetts Supreme Judicial Court · 1868
3Cited by13 opinions
- Higginson v. Treasurer & School House CommissionersMassachusetts Supreme Judicial Court · 1912
- City of Newton v. PerryMassachusetts Supreme Judicial Court · 1895
- Burr v. City of BostonMassachusetts Supreme Judicial Court · 1911
- Hellen v. City of MedfordMassachusetts Supreme Judicial Court · 1905
- Weeks v. GraceMassachusetts Supreme Judicial Court · 1907
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