Crear v. Crossly
Illinois Supreme Court
Writ of Error to the Circuit Court of Jo Daviess county; the Hon. Benjamin B. Sheldon, Judge, presiding. This was an action of trespass guare clausum fregit, brought in the court below by John Crossly against Edward Crear. The defendant filed three pleas. The first plea was the plea of the general issue, and was withdrawn.
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Writ of Error to the Circuit Court of Jo Daviess county; the Hon. Benjamin B. Sheldon, Judge, presiding. This was an action of trespass guare clausum fregit, brought in the court below by John Crossly against Edward Crear. The defendant filed three pleas. The first plea was the plea of the general issue, and was withdrawn. The second plea sets forth that the alleged trespasses consisted in passing over a private highway laid out by the commissioners of highways in accordance with law, that damages were assessed and tendered to the plaintiff. The third plea sets up a right of way by necessity,…
1Dissent
Dissenting opinion of
Hr. Justice Lawrence-:
I am not able to concur with the majority of the court in the present case. The grounds of my opinión may be briefly stated as follows:
“ If a person, having a close bounded on every side by his own lands, grants the close to another, the grantee shall have a way to the close as incident to the grant, or, as it is sometimes termed, a way of necessity; for otherwise he cannot have any benefit from the grant.” 2 Sel. nisi prius, 1041., “ So, if the middle of the close be reserved, and the surrounding land sold, a way is to be reserved to the grantor.” 2…
2Cases cited1 opinion
- Aldrich v. AldrichIllinois Supreme Court · 1865