Chandler v. Goodridge
Supreme Judicial Court of Maine
The action was trespass, quare clausum, for entering upon the pass way of the plaintiffs, tearing down their railing, and “ encumbering and impeding their right of passage.”
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The action was trespass, quare clausum, for entering upon the pass way of the plaintiffs, tearing down their railing, and “ encumbering and impeding their right of passage.” At the trial, before Shepley J. it appeared that a partition of certain real estate was made in 1837, by which land was set off to John Goodridge, whose rights the defendants have, which included within its boundaries the premises where the acts were done, complained of as trespasses; and that at the same time a reservation, or exception, was made to one whose rights the plaintiffs now have, in these words. “ Excepting…
1Opinion of the Court
The opinion of the Court was prepared by
Tennev J.
The land set off in the partition to John Gpod-ridge by metes and bounds, with all' the privileges and appurtenances thereto belonging, embraces the premises in dispute, and gives a title, subject only to the exception containéd in the commissioners’ report. The counsel for the plaintiffs contend that this exception carries a fee in the land described as a passage way over the flootn on the south side of the pond, twenty feet wide and leading from the county road at the south end *82of the bridge to the grist mill, where said road is now…
2Cases cited1 opinion
- Commonwealth v. PetersMassachusetts Supreme Judicial Court · 1806
3Cited by4 opinions
- Wallis v. First National Bank of RacineWisconsin Supreme Court · 1914
- Public Service Railway Co. v. Township of WeehawkenNew Jersey Court of Chancery · 1922
- Gendron v. Central Maine Power Co.Supreme Judicial Court of Maine · 1977
- Cheswell v. ChapmanSupreme Court of New Hampshire · 1859