Crowninshield v. Broughton

Decision Date31 May 1921
Citation239 Mass. 17,131 N.E. 572
PartiesCROWNINSHIELD v. BROUGHTON.
CourtUnited States State Supreme Judicial Court of Massachusetts Supreme Court

OPINION TEXT STARTS HERE

Exceptions from Land Court, Essex County; Joseph J. Corbett, Judge.

Petition by Francis B. Crowninshield against William G. Broughton to register the title to lands. Decree for petitioner, and respondent excepts. Exceptions sustained.

Loring, Coolidge, Noble & Boyd, of Boston, for petitioner.

W. R. Scarritt, Jr., of Boston, for respondent.

PIERCE, J.

This is a petition to register the title to Orne's Island at the mouth of Little Harbor, Marblehead. The petitioner claims to hold by prescription as appurtenant thereto ‘a right of way, both on foot and by teams, to and from said Island and Harding's court, otherwise known as Harding's lane, to Beacon street.’ The title to the island is admitted to be in the petitioner, and we assume the title to Harding's lane is in the respondent. At the close of the hearing before a judge of the land court the respondent, William G. Broughton, requested a ruling that ‘Upon all the evidence, the petitioner has failed to establish a right of way as claimed and, as a matter of law, the petition must therefore be dismissed.’ This request was refused, and the judge found ‘that the petitioner has acquired by prescription a right of way appurtenant to the island both on foot and by teams over the respondent's beach and through Harding's lane to Beacon street.’ The statement in the record that ‘the evidence was substantially as follows,’ was intended as we understand it to be a declaration to this court that it contained all the material evidence; and we examine and weigh the reported evidence on that supposition. Hartt v. Reuter, 223 Mass. 207, 111 N. E. 1045.

The decision of the land court in the case of Esther H. Graves, No. 4747, which established as against the world a prescriptive right of way over land of Graves to the land of the respondent and to the disputed way, was admissible for the single purpose of showing that the way claimed to be appurtenant touched the alleged dominant land of the petitioner; and was of no value in proof of other fundamental facts which the petitioner was required to prove in order to establish the right which he claimed as appurtenant to his land over the land of the respondent.

The petitoner sought to establish the prescriptive title by the testimony of one Goodwin that he hauled fishing traps along the way about 30 years ago for one Tucker. The record does not show...

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4 cases
  • Stone v. Sullivan
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • June 3, 1938
    ...-- as meaning that the report contains the substance of all the evidence material to the questions of law reported. See Crowninshield v. Broughton, 239 Mass. 17, 18; Cohen v. Longarini, 207 Mass. 556 , 557; v. Paradis, 288 Mass. 377, 380. It is undisputed that the defendant occupied the pre......
  • Stone v. Sullivan
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • June 3, 1938
    ...meaning that the report contains the substance of all the evidence material to the questions of law reported. See Crowinshield v. Broughton, 239 Mass. 17, 18, 131 N.E. 572;Cohen v. Longarini, 207 Mass. 556, 557, 93 N.E. 702;Swistak v. Paradis, 288 Mass. 377, 380, 192 N.E. 920. It is undispu......
  • Handrahan v. North Main Street Garage
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • November 30, 1942
    ... ... Savage v. Collins, 211 Mass. 472 ... McKin v. Siegel, 256 Mass. 269 ... Commonwealth v ... McIntosh, 259 Mass. 388 , 391. Compare Crowninshield ... v. Broughton, 239 Mass. 17 , 18; Stone v ... ...
  • Handrahan v. North Main St. Garage, Inc.
    • United States
    • United States State Supreme Judicial Court of Massachusetts Supreme Court
    • November 30, 1942
    ...31;McKin v. Siegel, 256 Mass. 269, 152 N.E. 312;Commonwealth v. McIntosh, 259 Mass. 388, 391, 156 N.E. 712. Compare Crowninshield v. Broughton, 239 Mass. 17, 18, 131 N.E. 572;Stone v. Sullivan, 300 Mass. 450, 452, 15 N.E.2d 476, 116 A.L.R. ...

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