SMITH v. HADAD


366 Mass. 106 (1974)

314 N.E.2d 435

WILLIAM L. SMITH, JR., & another vs. LOUIS JOSEPH HADAD & others.

Supreme Judicial Court of Massachusetts, Middlesex.

August 1, 1974.


Attorney(s) appearing for the Case

William L. Smith for the petitioners.

William J. Lee for the respondents.

Dunbar Holmes for East Cambridge Savings Bank.

Geoffrey Bolton, for the Massachusetts Conveyancers' Association, amicus curiae, submitted a brief.

Present: TAURO, C.J., BRAUCHER, HENNESSEY, KAPLAN, & WILKINS, JJ.


HENNESSEY, J.

This case, which is before us on the allowance of an application for leave to obtain further appellate review, presents the issue whether, in the absence of expressed intent by the parties to the transaction, a measurement given in a deed as commencing on a public way is to be presumed to begin at the center or at the side line of that way. The Land Court and the Appeals Court, Smith v. Hadad, 1 Mass.App.Ct. 637

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