Hoffman v. Savage
Massachusetts Supreme Judicial Court
This action was in case, for interrupting a right of way claimed by the plaintiff over the soil of the defendants ; and it was tried on the general issue, at the last November term in this county, before Jaclcson, J. The messuage, as appurtenant to which the right was demanded, was part of the estate of Thomas Savage, grandfather of the defendants, after whose death it was, on the 7th of March, 1765, divided from the residue, being assigned to his widow as her dower, and in…
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This action was in case, for interrupting a right of way claimed by the plaintiff over the soil of the defendants ; and it was tried on the general issue, at the last November term in this county, before Jaclcson, J. The messuage, as appurtenant to which the right was demanded, was part of the estate of Thomas Savage, grandfather of the defendants, after whose death it was, on the 7th of March, 1765, divided from the residue, being assigned to his widow as her dower, and in the assignment was thus described ; “ measuring on Ann Street' twenty feet, and measuring in depth one hundred and forty…
1Opinion of the Court
By the Court.
We are all clearly of opinion that the easement, for the interruption of which this action is brought, was but appurtenant to the freehold estate of the dowager, and expired with that; not that it was personal, and ceased when the widow made an assignment of her * dower. The land over which the easement was established was assigned to the ancestor of the defendants, and the fee vested in him, subject to the easement.
The injury complained of was committed more than twenty years before the commencement of this suit; and it is to be taken for granted, from the facts in the case,…
2Cited by17 opinions
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- Dennis v. WilsonMassachusetts Supreme Judicial Court · 1871
- Leichtfuss v. DabneyMontana Supreme Court · 2005
- White v. CrawfordMassachusetts Supreme Judicial Court · 1813
- Miller v. GarlockNew York Supreme Court · 1850
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