Tabbutt v. Grant
Supreme Judicial Court of Maine
On Motion by Dependant. This was an action on the case for disturbing the plaintiff’s right of way. The facts are stated in the opinion.
1Opinion of the CourtEmery, J.
The plaintiff formerly owned a tract of land 325 acres in extent situated upon both the east and west sides of the highway. On the west side of the road was her dwelling-house. On the east side of the road, and nearly opposite the dwelling-house, was a spring of water about twenty-five rods from the road. This spring had been used in connection with the house until there was a well worn path between the two.
*372In 1879, the plaintiff conveyed out of this tract a smaller tract of 100 acres on the east side of the road and including the spring. In the deed of conveyance, however, was this clause,…
2Cases cited1 opinion
- Smith v. BarnesMassachusetts Supreme Judicial Court · 1869
3Cited by4 opinions
- Hatton v. Kansas City, Clinton & Springfield Railway Co.Supreme Court of Missouri · 1913
- Sedillo Title Guaranty, Inc. v. WagnerNew Mexico Supreme Court · 1969
- Miller v. SouthardSouth Dakota Supreme Court · 1917
- Dickinson v. CrowellSupreme Court of Iowa · 1903