[DOWNLOAD] "Hirsch Et Al. v. Fisher" by Supreme Judicial Court of Massachusetts " eBook PDF Kindle ePub Free

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eBook details

• Title: Hirsch Et Al. v. Fisher
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 18, 1932
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

RUGG, C. J. This is an action of tort to recover damages for preventing the plaintiffs, wrongfully as is alleged, from traveling across a lot of land owned by the defendant. There was evidence tending to show that the plaintiffs purchased a lot of land from the Aberdeen Realty Corporation by deed dated May 13, 1924. That deed described the land by detailed boundaries and 'as being Lot No. 1 as shown' on a recorded plan dated September 25, 1923 (hereafter called plan B), and 'containing 6279 square feet of land, all as shown on said plan.' The concluding part of the description was in these words: 'The grantor reserves for itself, its successors and assigns, a right of passage over the drain location six feet wide shown on said plan and also over the twelve (12) foot passageway shown on said plan to and also over the proposed street location shown on said plan in common with the grantees and others entitled thereto, and hereby grants to said grantees similar rights of way in common with others entitled thereto over the remainder of said passageway and over said proposed street as shown on said plan.' Plan B did not show the lot now owned by the defendant. It showed only a tract of land fronting on Tappan Street divided into fourteen lots numbered from 1 to 14, both inclusive, a 'Proposed Street' at the easterly end of these lots, a passageway twelve feet in width extending from the proposed street over the twelve feet at the rear of each of the lots to the westerly end of the tract, where it came to dead end at the southwest corner of the lot conveyed to the plaintiffs. It also showed a drain location six feet wide on the westerly side of the lot conveyed to the plaintiffs. The drain location extended southerly into other land of the Aberdeen Realty Corporation, which subsequently became a part of lot 25 owned by the defendant. There was also evidence tending to show that the Aberdeen Realty Corporation sold by deed dated February 6, 1926, to one Spear, four lots of land including the lot in the rear of that owned by the plaintiffs. One of these lots was described as lot 25 on a plan dated May 5, 1925, duly recorded (hereafter called plan D), was bounded by defined lengths of lines, faced upon a proposed street, and was bounded at the rear or northerly on the passageway in the rear of the Tappan Street lots. By mesne conveyances lot 25 was transferred to the defendant by deed dated August 10, 1927, which contained, in addition to the description, reference to plan D. This plan showed all that appeared on plan B, but included twenty-five additional lots lying southerly of the lots shown on plan B, and the proposed street extended. The deed to the defendant 'included any and all rights of way appurtenant to the granted premises'; it mentioned no rights of way as an incumbrance, nor did any such mention appear of record in her chain of title. There was shown upon plan D, across the westerly part of lot 25, the drain location and, by a dotted line, a passageway lying within its limits, but all its boundaries were marked by solid unbroken lines.

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