Barton's Motel, Inc. v. Saymore Trophy Co.

Petition for declaratory judgment and injunction pertaining to plaintiff’s right of way over land of the defendant. Plaintiff owns a 60-acre tract lying about 1000 feet southeasterly of Union Avenue, a public street in Laconia. Defendant’s land, also called Johnson Field, has a frontage of 150 feet on the southeast side of Union Avenue and extends to a depth of about 1000 feet to the Gilford line where it abuts plaintiff’s land.

The right of way in question was created in 1947 by the then common owner of both parcels. In a deed to a predecessor in title of the plaintiff this common owner…