Adams v. Hodgkins
Supreme Judicial Court of Maine
On report. This is an action of trespass quare clausum against defendant for breaking and entering the plaintiff’s close, situate in Farming-ton, in the County of Franklin, and cutting trees and 'destroying wood and bushes, etc. Plea, the general issue and brief statement as follows: Defendant says that he had a right of way over and across the plaintiff’s close and that the alleged trespass was only t'he rightful use of said way.
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On report. This is an action of trespass quare clausum against defendant for breaking and entering the plaintiff’s close, situate in Farming-ton, in the County of Franklin, and cutting trees and 'destroying wood and bushes, etc. Plea, the general issue and brief statement as follows: Defendant says that he had a right of way over and across the plaintiff’s close and that the alleged trespass was only t'he rightful use of said way. The case was reported for the determination of the Law Court upon so much of the evidence as is legally admissible. The case is stated in the opinion.
1Opinion of the CourtBird, J.
This is an action of trespass quare clausum. The defendant justifies under a claim of a right of way and plaintiff replies alleging abandonment. It is here upon report.
In June 1876 one Sylvester conveyed to Samuel D. Knowlton a lot of land in Farmington bounded’ upon three sides by land of strangers and upon the fourth side by land of the grantor which extended easterly to the highway or “River Road.” Neither did Knowlton own nor have his successors in title owned any right of way to the premises conveyed him over adjoining lands not at the *363time of the conveyance owned by his grantor, and his…
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- Welsh v. . TaylorNew York Court of Appeals · 1892
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- Smyles v. . HastingsNew York Court of Appeals · 1860
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- Richardson v. McNultyCalifornia Supreme Court · 1864
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