Myers v. Dunn
Supreme Court of Connecticut
Trespass qu. cl. fr.; brought by appeal from a justice of the peace to the Court of Common Pleas for Hartford County. The defendant pleaded a right of way of necessity over the locus in quo and that he was in the exercise.of that right in doing the acts complained of.
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Trespass qu. cl. fr.; brought by appeal from a justice of the peace to the Court of Common Pleas for Hartford County. The defendant pleaded a right of way of necessity over the locus in quo and that he was in the exercise.of that right in doing the acts complained of. The grantor of the defendant had purchased the laud to which the defendant claimed the right of way of the administrators on the estate of Peter Myers, the locus in quo lying between the land of the defendant and the public highway. The defendant’s allegations with regard to the way of necessity claimed by him were as follows:—“…
1Opinion of the CourtPardee, J.
Peter Myers died in 1863, owning a piece of land bounded on the east and west by highways, on the north and south by proprietors; in that year his administrators conveyed the western end to one Carpenter, reserving a right of way over the same “ for the purpose of carting wood, &c.,” from the adjoining lot on the east, the “ right of way to be used at proper times and in a reasonable manner.” In 1865 they conveyed the central portion to one Kelly, together with the right of way across Carpenter’s land, and in 1877 Kelley conveyed the same to the defendant; the plaintiffs, heirs of Peter…
2Cited by26 opinions
- Tong v. FeldmanCourt of Appeals of Maryland · 1927
- Hollywyle Assn., Inc. v. HollisterSupreme Court of Connecticut · 1973
- Gager v. CarlsonSupreme Court of Connecticut · 1959
- Rischall v. BauchmannSupreme Court of Connecticut · 1946
- Chappell v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1892
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