 | Massachusetts. Supreme Judicial Court - 1864 - 580 sider
...town of New Bedford, bounding it southwardly and westwardly on a way or street. By this description the grantor and his heirs are estopped from denying...those two sides. We consider this to be not merely a descrip[ * 416 ] tion, but an implied * covenant that there are such streets. It probably entered much... | |
 | Massachusetts. Supreme Judicial Court - 1866 - 630 sider
...Parker v. Smith, 17 Mass. R. 413, seems to us to be a very reasonable and equitable one. 297 f hat case, we think, was perfectly analogous to this ;...This opinion is decisive of this part of the case. A right of way vested in Ricketson and others ; and they, by their deed, conveyed the same to the defendant.... | |
 | Melville Madison Bigelow - 1872 - 732 sider
...bounding it southwardly and westwardly on a way or street. " By this description," said Parker, CJ, " the grantor and his heirs are estopped from denying...but an implied covenant that there are such streets. It probably entered much into the consideration of the purchase that the lot fronted upon two ways,... | |
 | 1886 - 870 sider
...the principle of estoppel. The doctrine laid down in Parker v. Smith, 17 Mass. 413 [9 Am. Dec. 157], seems to us to be a very reasonable and equitable...This opinion is decisive of this part of the case. A right of way vested in Kicketson and others; and they, by their deed, conveyed the same to the defendant.... | |
 | 1898 - 776 sider
...strip, and travel to and from Third street is only one of the uses to which said alley may be put. "The grantor and his heirs are estopped from denying that there is a way to the extent of the land on those two sides. We consider this to be not merely a descrip4 City... | |
 | 1904 - 998 sider
...bound- ; Ing it on a way or street, by such description ; the grantor and his heirs are estopped from I denying that there is a street or way to the extent of the land on the side of which the street is described. Such conveyance Is not 3 WDS. & P.— 2 merely a description,... | |
 | 1905 - 1080 sider
...acquired an easement over it. There was no express grant of a right of way, nor did any way pass as an appurtenant to the land granted, none being in use...principle established in the case of Child v. Chappell, 9 NV 246. The opinion of Morse, J. (p. 237), scorns to me to state the doctrine clearly and truly, and... | |
 | Melville Madison Bigelow - 1913 - 948 sider
...Parker said that by this description the grantor and his heirs were estopped from denying that there was a street or way to the extent of the land on those two sides. This was not merely a description, but an implied covenant that there were such streets. It probably... | |
 | Iowa. Supreme Court - 1895 - 836 sider
...town of New Bedford, bounding it southwardly and westwardly on a way or street. By this description the grantor and his heirs are estopped from denying...an implied covenant that there are such streets." See, also, Thomas v. Poole, 7 Gray, 83. In Tufts v. City of Charleston, 2 Gray, 271, the syllabus states... | |
 | Kansas. Supreme Court, Elliot V. Banks, William Craw Webb, Asa Maxson Fitz Randolph, Gasper Christopher Clemens, Thomas Emmet Dewey, Llewellyn James Graham, Oscar Leopold Moore, Earl Hilton Hatcher, Howard Franklin McCue - 1893 - 900 sider
...Parker, held that by this description the grantee and his heirs were estopped from denying that there was a street or way to the extent of the land on those two sides. It was said : " We consider this to be not merely a description, but an implied covenant that there... | |
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the grantor and his heirs are estopped from denying that there is a street or way to the extent of the land on those two sides. We consider this to be not merely a description, but an implied covenant that there are such streets. 