French v. Marstin
Superior Court of New Hampshire
Trespass, for an assault, battery and wounding. The second plea set forth that the defendant was possessed of a close, &c., (described.) The plaintiff with a strong hand, without license, and against the will of the defendant, broke and entered said close, and being requested to depart, refused; and the defendant thereupon molliter manus imposuit to remove him, and did gently remove him, quae est eadem, &c.
Read the full summary
Trespass, for an assault, battery and wounding. The second plea set forth that the defendant was possessed of a close, &c., (described.) The plaintiff with a strong hand, without license, and against the will of the defendant, broke and entered said close, and being requested to depart, refused; and the defendant thereupon molliter manus imposuit to remove him, and did gently remove him, quae est eadem, &c. The second replication to this plea averred that the plaintiff was seized of two lots of land, &c., to wit: Lot No. 54, of one hundred acres, (described,) and a lot of one-fourth of an…
1Opinion of the CourtBell, J.
No question is made that the grantee, of a way is limited to use his way for the purposes and in the manner specified in his grant. He cannot go out of the limits of his way, nor use it to go to any other place than that described, nor to that place for any other purpose than that specified, if the use in this respect is restricted. The grantor has the right to limit his grant in any way he chooses, and the grantee takes the way, subject to all the restrictions the grantor has imposed, and cannot go beyond them without becoming a trespasser. Woolrych on Ways 33, 50, 259, &c.; Senhouse v.…
2Cases cited3 opinions
- Palmer v. OakleyMichigan Supreme Court · 1847
- Gates v. LounsburyNew York Supreme Court · 1823
- Gilman v. TiltonSuperior Court of New Hampshire · 1830
3Cited by2 opinions
- Crocker v. College of Advanced ScienceSupreme Court of New Hampshire · 1970
- Bisson v. Laconia Investment Properties, Inc.Supreme Court of New Hampshire · 1989