[DOWNLOAD] "New York Life Ins. Co. v. Embassy Realty" by Supreme Judicial Court of Massachusetts # Book PDF Kindle ePub Free
eBook details
- Title: New York Life Ins. Co. v. Embassy Realty
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 06, 1935
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
LUMMUS, Justice. The plaintiff is the holder of a first mortgage upon registered land, a strip of which, adjoining the theatre lot of the defendant, is subject to a right of way appurtenant to that theatre lot. The owners of the equity of redemption of the first mentioned land endeavored to create an easement, appurtenant to the theatre lot, to maintain fire escapes which overhang the strip used for the way, and are supported by the roof of the building on the first mentioned land. A bill by the plaintiff to restrain the maintenance of the fire escapes was dismissed 'without prejudice to any rights the plaintiff has to proceed at law,' and the plaintiff appealed. Interesting questions arise upon the contention of the defendant, on grounds not material to this opinion, that its easement, although junior in time of creation, is superior to the plaintiff's mortgage. This contention need not be considered, for on the plaintiff's appeal the final decree could not be modified in favor of the defendant. Kilkus v. Shakman, 254 Mass. 274, 280, 150 N.E. 186; Beacon Oil Co. v. Maniatis, 284 Mass. 574, 577, 188 N.E. 386. Another point disposes of the case.