American Brass Co. v. Serra

The facts found disclose that Levi D. Markham owned in 1864 a large tract of woodland in Plymouth, which included the two adjoinmg tracts now owned by the plaintiff and the defendant, re-, spectively. In 1864, he conveyed to a predecessor in title of the plaintiff one of the adjoining tracts and retained the other. In 1868, while still owning the balance of his original tract, he conveyed by warranty deed to his grantee in the deed of 1864, to wit, to the Holmes, Booth and Haydens Company, “the right of a passway” across the balance of the original tract. This deed expressed the purpose of…