Bean v. Coleman
Supreme Court of New Hampshire
In Equity. The bill alleges that the plaintiff owns a certain farm in Newington, describing it, and that the defendant has a certain right of way over a portion of said farm, describing the way ; that for about thirty years there has been a gate across this way, about half way from Bean’s house to Coleman’s land, and another upon the line dividing the plaintiff’s land from that of the defendant,- that the defendant holds this right of way subject to the right of the…
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In Equity. The bill alleges that the plaintiff owns a certain farm in Newington, describing it, and that the defendant has a certain right of way over a portion of said farm, describing the way ; that for about thirty years there has been a gate across this way, about half way from Bean’s house to Coleman’s land, and another upon the line dividing the plaintiff’s land from that of the defendant,- that the defendant holds this right of way subject to the right of the plaintiff to keep the first mentioned gate closed from the first day of August to the first day of December, in each year,…
1Opinion of the CourtSargent, J.
The plaintiff’s title to his farm, set forth in the bill, is admitted, and that the defendant has a right of way through it is also admitted. But the plaintiff claims a right to keep up a gate across this way, at certain seasons of the year, between the defendant’s land and his house, and also to have the gate on the line between him and the defendant kept shut all the time except when the defendant has occasion to pass and repass through the same.
*542The defendant claims the right to keep the gate upon the line between him and the plaintiff open or shut, at his own pleasure, and that the…
2Cases cited2 opinions
- Maxwell v. McAteeCourt of Appeals of Kentucky · 1848
- Lyman v. ArnoldU.S. Circuit Court for the District of Rhode Island · 1828
3Cited by3 opinions
- Dumont v. Town of WolfeboroSupreme Court of New Hampshire · 1993
- B. M. R. R. v. P. D. R. R.Supreme Court of New Hampshire · 1876
- Hill Condo v. Parade, et al.District Court, D. New Hampshire · 2006