Home/Massachusetts Supreme Judicial Court/Labounty v. Vickers

Labounty v. Vickers

225 N.E.2d 333, 352 Mass. 337, 1967 Mass. LEXIS 808
CourtMassachusetts Supreme Judicial Court
DecidedApril 5, 1967
StatusPublished
Cited by65 cases

This text of 225 N.E.2d 333 (Labounty v. Vickers) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Labounty v. Vickers, 225 N.E.2d 333, 352 Mass. 337, 1967 Mass. LEXIS 808 (Mass. 1967).

Opinion

*339 Spiegel, J.

This is a bill in equity brought by the owners of certain lots in a subdivision against the owners of certain other lots in that subdivision to restrain them from obstructing passage along a strip of land leading to the shore of a stream and from denying or hindering the use of the beach along that river by the plaintiffs. The case was referred to a master. The plaintiffs’ and the defendants’ exceptions to the master’s report were overruled and the report was confirmed. A final decree was entered which provided that all of the plaintiffs, except one Lowney, have “the right to use a forty foot strip of beach, for all the usual beach and bathing purposes, at the easterly end of . . . [the strip of land]. The plaintiffs, except [one] Berube and [one] Aldrich, have no right to use the beach west of . . . [the river] north and south of said forty foot strip.” The decree also provided that Aldrich had the right to use the beach north of the forty foot strip and that Berube had the right to use the beach south of the strip. The plaintiffs and the defendants appealed from the final decree.

The master found the following relevant facts. In 1879 one Patience Gardner became the owner of a 25.5 acre tract of land. The parcel was bounded on the west by Gardner’s Neck Road, a public way, and on the east by Lee’s River, a tidal stream. (See sketch.)

In 1888 she conveyed a 4.1 acre parcel which formed the northeast corner of the tract to one Stephen S. Manchester, reserving for herself, her heirs and assigns “a right of way . . . next adjoining the south line thereof to and from Lee’s River and shore thereof, with the right to bathe there.” In 1898 she was duly adjudicated insane and one Frank I. Sherman was appointed her guardian.

In 1899 Sherman “had a plan of a section of the original 25.5 acre tract subdivided into forty-two houselots” by one E. M. Corbett, an engineer. “ [T]his plan was then recorded in the Fall River District Registry of Deeds in Plan Book 2 Page 37.” All of the parties, except one, are presently owners of the lots shown on that plan.

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Bluebook (online)
225 N.E.2d 333, 352 Mass. 337, 1967 Mass. LEXIS 808, Counsel Stack Legal Research, https://law.counselstack.com/opinion/labounty-v-vickers-mass-1967.