Goss v. Calhane
Massachusetts Supreme Judicial Court
Actions of tort. The first action was in the nature of trespass quare clausum against Daniel Calhane and Thomas R. Cook for entering the plaintiff’s close and tearing down a building.
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Actions of tort. The first action was in the nature of trespass quare clausum against Daniel Calhane and Thomas R. Cook for entering the plaintiff’s close and tearing down a building. Calhane answered that his wife was seised of a parcel of land adjoining the plaintiff’s close, appurtenant to which was a right of way in a twelve foot passage way leading from her land across the plaintiff’s close to Court Street; that the plaintiff obstructed this right of way by erecting a shed across it, and that he, by the authority of his wife, entered and removed the shed, which was the alleged trespass.…
1Opinion of the CourtDevens, J.
The decision of these cases depends upon the question whether Mrs. Calhane had a right of way in the passage upon which the shed was built. Both parties claimed the title to their premises from J. H. Duncan, who, in 1852, conveyed to one Peaslee a parcel of land by metes and bounds which apparently exclude the way, on the westerly side of which it is situate, by the words “ thence running southerly by a twelve foot way which I lay down: ” this parcel by mesne conveyances came to Goss, March 31, 1868, by deed of George A. Green. In 1863, Duncan conveyed to Frye, as one parcel, a tract situated…
2Cases cited2 opinions
- Fox v. Union Sugar RefineryMassachusetts Supreme Judicial Court · 1872
- Hayford v. SpokesfieldMassachusetts Supreme Judicial Court · 1868
3Cited by4 opinions
- Gorton-Pew Fisheries Co. v. TolmanMassachusetts Supreme Judicial Court · 1912
- Boland v. St. John's SchoolsMassachusetts Supreme Judicial Court · 1895
- Lefavour v. McNultyMassachusetts Supreme Judicial Court · 1893
- Humphreys v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1894