215 Mass. 311 | Mass. | 1913
The only question before us on this appeal from the final decree is whether the decree is within the scope of the bill and is supported by the facts found by the master. E. W. Burt & Co. v. Coes & Young Co. 212 Mass. 134. The record is not clear. The testimony of certain witnesses, referred to in the master’s report as being annexed thereto, is not in fact printed; and the same is true of some of the exhibits in the case. We can consider the printed statement of facts agreed upon by counsel only so far as it appears to embody the evidence that was before the judge whose decree is appealed from. Robinson v. Brown, 182 Mass. 266. There were objections to the master’s report, but so far as appears in the record no exceptions were filed.
The master finds the following facts: One John Colby was the owner of a large tract of land in Lawrence and attempted to dispose of it in small parcels or building lots. At different times he
By a well settled rule of construction the plan referred to became incorporated in the deed to the plaintiff and in the devise to the defendant; and the particulars appearing thereon and applicable to these lots are to be regarded as if fully set forth in the instruments under which they respectively derive title. As between these parties the location arid dimensions of the private way designated John Street is fixed by the plan. Each owns the soil thereof opposite his land to the centre of the way, with a right of way over the other half. Morgan v. Moore, 3 Gray, 319. Farnsworth v. Taylor, 9 Gray, 162. Boston Water Power Co. v. Boston, 127 Mass. 374. McKenzie v. Gleason, 184 Mass. 452. New England Structural Co. v. Everett Distilling Co. 189 Mass. 145. Gould v. Wagner, 196 Mass. 270. Downey v. H. P. Hood & Sons, 203 Mass. 4. As Colby, the owner of the entire tract, saw fit to define John Street on this plan as running through land occupied in part by his barns, the defendant who succeeds to his title is estopped, as against this plaintiff, from denying the location of the way so established.
Decree affirmed.