Allen v. Kincaid
Supreme Judicial Court of Maine
This was an action of trespass quare clausum fregit, and was submitted for the opinion of the Court upon the following agreed statement of facts. The locus in quo was originally a part of the farm of the defendant, and was set off to one Sally Godjrey on execution against Kincaid. The levy included the whole front of said farm, exclusive of five rods on one side, which was left as a way from the County road to said Kincaid’s back land, which he still owns.
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This was an action of trespass quare clausum fregit, and was submitted for the opinion of the Court upon the following agreed statement of facts. The locus in quo was originally a part of the farm of the defendant, and was set off to one Sally Godjrey on execution against Kincaid. The levy included the whole front of said farm, exclusive of five rods on one side, which was left as a way from the County road to said Kincaid’s back land, which he still owns. It was agreed that, it would cost from $25 to $300 to make said road, thus reserved, passable with carts and carriages. The plaintiff…
1Opinion of the Court
Weston J.
The front land lying upon the road, being taken by the creditor, leaving the rear to the debtor, the latter was entitled to access thereto, and if none was reserved, he was entitled to a way of necessity. What the distance was the case does not find. * It appears that the way reserved was not passable with carts and carriages, without incurring an expense of from twenty-five to three hundred dollars. It rarely happens that an un-wrought road is convenient or suitable for carriages. To make it so, requires labor and expense. This is a charge, which does not fall upon the creditor. The…
2Cited by1 opinion
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