Buss v. Dyer
Massachusetts Supreme Judicial Court
Tort for tearing down, refusing to rebuild and preventing the plaintiff from rebuilding, a chimney, in which the plaintiff claimed an easement.
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Tort for tearing down, refusing to rebuild and preventing the plaintiff from rebuilding, a chimney, in which the plaintiff claimed an easement. Writ dated March 16, 1875. Trial in the Superior Court, before Pitman, J., who allowed a bill of exceptions in substance as follows : The plaintiff introduced evidence tending to prove that previously to July 12, 1844, John E. Thayer and Nathaniel Thayer built a block of five wooden houses on land owned by them on Meridian Street, East Boston; that these houses were then or afterwards numbered from 61 to 69 on said street, inclusive; that the chimney…
1Opinion of the CourtSoule, J.
The deed of the Thayers, under which the plaintiff claims, was made and delivered when they were owners of the premises of the defendant. It makes no mention of any rights in the chimney on the adjoining premises. Their deed of the defendant’s premises, given at the same time, contains covenants against incumbrances made or suffered by the grantors, and of warranty against all persons claiming under them. Each deed describes the lot of land conveyed by metes and bounds, without mentioning any buildings. The grantors having built the houses and the chimney, and being owners of both parcels,…
2Cases cited1 opinion
- Lampman v. . MilksNew York Court of Appeals · 1860
3Cited by40 opinions
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- Wells v. . GarbuttNew York Court of Appeals · 1892
- Case v. MinotMassachusetts Supreme Judicial Court · 1893
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