Collins v. Prentice
Supreme Court of Connecticut
Pursuant to the opinion of this court, ante, 39-45. a new trial of this cause was granted, and was had, at Litchfield, August term, 1842, before Williams, Ch. J. The defendant, in support of his plea, offered evidence to shew, that Adino Hale, for many years before his death, had acquired a right of a way, by prescription or possession, over the locus in quo, now owned by the plaintiff, while Martha Hale was the owner thereof; claiming that this right continued in him until…
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Pursuant to the opinion of this court, ante, 39-45. a new trial of this cause was granted, and was had, at Litchfield, August term, 1842, before Williams, Ch. J. The defendant, in support of his plea, offered evidence to shew, that Adino Hale, for many years before his death, had acquired a right of a way, by prescription or possession, over the locus in quo, now owned by the plaintiff, while Martha Hale was the owner thereof; claiming that this right continued in him until the time of his death. The plaintiff'objected to this evidence, it being stated in the defendant’s plea, that Adino…
1Opinion of the CourtWaite, J.
When this case was before us, at the last term, the defendant claimed, that upon the facts stated in his motion, he was entitled to a way of necessity over the lands belonging to Adino Hale, at the time of his decease. That claim we held tobe well founded. 15 Conn. Rep. 39.
1. He now goes farther, and insists, that he is not only entitled to such way over lands owned by Hale in severalty, but also over lands which he never owned, except as a tenant in common with other persons. It is now not denied, but that the heirs of Timothy Hale owned a share of the lands of the plaintiff, as tenants in…
2Cases cited2 opinions
- Collins v. PrenticeSupreme Court of Connecticut · 1842
- Ryghtmyre v. DurhamNew York Supreme Court · 1834
3Cited by16 opinions
- Palmer v. . PalmerNew York Court of Appeals · 1896
- Moore v. JordanTexas Supreme Court · 1886
- Ellis v. BassettIndiana Supreme Court · 1891
- Bissell v. DickersonSupreme Court of Connecticut · 1894
- Crippen v. . MorssNew York Court of Appeals · 1872
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