Tucker v. Howard
Massachusetts Supreme Judicial Court
Bill in equity, filed January 27, 1873, by the heirs of John C. Tu her, to restrain the defendant from building over a pas sage way, and from placing a wall in it, by which its width was diminished. Hearing before Morton, J., who reported the case or the consideration of the full court, in substance as follows : The plaintiffs own an estate fronting on Merrimac Street in Boston, and bounded on one side by the passageway in question.
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Bill in equity, filed January 27, 1873, by the heirs of John C. Tu her, to restrain the defendant from building over a pas sage way, and from placing a wall in it, by which its width was diminished. Hearing before Morton, J., who reported the case or the consideration of the full court, in substance as follows : The plaintiffs own an estate fronting on Merrimac Street in Boston, and bounded on one side by the passageway in question. On May 25, 1835, the city of Boston, which then owned the land on the other side of the passageway, the passageway itself and a lot in the rear, on which was a…
1Opinion of the CourtEndicott, J.
The court is of opinion that there must be a decree for the plaintiffs on this report.
The city of Boston in 1835 conveyed to Loring and others the estate now owned by the defendant, bounding it on a passageway five feet wide, reserved by the city for a way to its schoolhouse, and for any other purposes for which it might see fit to appropriate it. The deed conveyed to the grantees the right to build over this passageway or any part of it, leaving it “ five feet wide in the clear and not less than ten feet high.” The language of the deed is explicit. The width of the way is exactly given, and…
2Cited by12 opinions
- Tucker v. HowardMassachusetts Supreme Judicial Court · 1880
- Short v. DevineMassachusetts Supreme Judicial Court · 1888
- Gray v. KelleyMassachusetts Supreme Judicial Court · 1907
- Dickinson v. WhitingMassachusetts Supreme Judicial Court · 1886
- Nash v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1879
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