Barnes v. Lloyd
Massachusetts Supreme Judicial Court
Tobt. Trial in the Superior Court, before Dewey,. J., who allowed the plaintiff’s exceptions as follows : “ This was an action of trespass quare clausum for taking down the fences and leading the defendant’s cow from the highway that runs north and south and bounds the plaintiff’s premises on the east, across the strip of land marked A on the plan annexed, on the north end of the said premises and near the north line of the same, to the defendant’s land, situate west of and…
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Tobt. Trial in the Superior Court, before Dewey,. J., who allowed the plaintiff’s exceptions as follows : “ This was an action of trespass quare clausum for taking down the fences and leading the defendant’s cow from the highway that runs north and south and bounds the plaintiff’s premises on the east, across the strip of land marked A on the plan annexed, on the north end of the said premises and near the north line of the same, to the defendant’s land, situate west of and adjoining the plaintiff’s premises. “ The defendant admitted the acts of taking down the fences and leading his cow…
1Opinion of the CourtEndicott, J.
Both parties derive title to their respective lots from Henry W. Dwight, who in 1800 owned both. In that year he conveyed the lot now owned by the defendant to Abram Williams, together with the way in controversy, which he describes as a “ right to pass and repass from the road .... to the land above described, upon the piece of land which I have agreed to convey to (Nehemiah) Ide, reserving a right to pass as aforesaid.” The land which he had agreed to convey to Ide is the land now owned by the plaintiff. It is admitted that Dwight conveyed this land to Ide, though the deed cannot now be…
2Cases cited3 opinions
- Wintersmith & Young v. Pointer & ConwayCourt of Appeals of Kentucky · 1859
- White v. CrawfordMassachusetts Supreme Judicial Court · 1813
- Owen v. FieldMassachusetts Supreme Judicial Court · 1869
3Cited by27 opinions
- Willets v. LanghaarMassachusetts Supreme Judicial Court · 1912
- Chandler v. Jamaica Pond Aqueduct Corp.Massachusetts Supreme Judicial Court · 1878
- Dubinsky v. CamaMassachusetts Supreme Judicial Court · 1927
- Stovall v. Coggins Granite Co.Supreme Court of Georgia · 1902
- Woodside v. CiceroniCourt of Appeals for the Ninth Circuit · 1899
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