Willey v. Thwing
Supreme Court of Vermont
Trespass quare clausum. Plea, the general issue and notice. Trial by court at the September term, 1895, Thompson, J., presiding. Judgment for the plaintiff. The defendants except. A way of necessity was reserved by implication. Clark v. Cogge, Cro. Jac. 170; Pomfret v. Recroft, 1 Wm.
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Trespass quare clausum. Plea, the general issue and notice. Trial by court at the September term, 1895, Thompson, J., presiding. Judgment for the plaintiff. The defendants except. A way of necessity was reserved by implication. Clark v. Cogge, Cro. Jac. 170; Pomfret v. Recroft, 1 Wm. Sanders, 323 ; Jordan v. Atwood, Owen 121; Pinnington v. Galland, 9 Exch. 1; Bingham v. Smith, 4 Gray 297; JSTichols v. Luce, 24 Pick. 102; Collins v. Prentice, 15 Conn. 39; Robinson v. Clapp, 65 Conn. 365 ; Dunklee v. Wilton R. Co., 24 N. H. 489; Pingree v. McDuffee, 56 N. H. 306; Lapman v. Milks, 21 N. Y. 505;…
1Opinion of the CourtTyler, J.
The court below lound that in February, 1851, Lewis Tait became the owner of the adjoining lands now owned respectively by the plaintiff and defendants. On the 9th of September, 1852, by warranty deed, he conveyed the plaintiff’s farm to R. C. Gale, making no express reservation of a right of way across the same. Through .successive conveyances, the title to that farm, in November, 1888, passed to Sortwell and Morse, under whom the plaintiff occupies by lease. September 11, 1852, Taft, by warranty deed, conveyed the defendants’ land to Dennis Brittain, making no mention in that deed of any…
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