Keyes v. Baird

It is unnecessary to dispose of the case upon the theory that the defendant’s rights in the cart road depend solely upon the reservation contained in the deed from Caldwell to Hawkes. The defendant’s predecessors in title were not parties to that deed, and there would be difficulty in implying the grant of an easement from Hawkes to strangers to that deed if no more than that deed were to be considered.

The master’s general finding, that the reservation in the deed covers both lots and that the defendant has an easement in the cart road, is sustainable upon another theory. A general finding…