Pierce v. Selleck
Supreme Court of Connecticut
This was an action of trespass quarc clausum fregit, brought by James Pierce against Charles Selleck. The defendant pleaded sundry pleas in bar, justifying the acts complained of, by virtue of a right of way in him over the locus in quo, by prescription and by necessity.
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This was an action of trespass quarc clausum fregit, brought by James Pierce against Charles Selleck. The defendant pleaded sundry pleas in bar, justifying the acts complained of, by virtue of a right of way in him over the locus in quo, by prescription and by necessity. On the allegations in these pleas, issues were joined; and the cause was tried thereon, at Litchfield, February term, 1847, before Waite, J. On the trial, the defendant, in support of his pleas, offered evidence to prove, and claimed that he had proved, that Edward Phelps, being the owner of a large tract of land, situated in…
1Opinion of the Court
Church, Ch. J.
The defendant justified only under a right of way from a five-acre wood lot belonging to himself, over the plaintiff’s land, to his, the defendant’s,, dwelling-house. This right he claimed, either as a way of necessity, or by prescription.
1. Nathaniel Green once owned both of these pieces of land. In 1795, he conveyed to Samuel Pierce, under whom the plaintiff claims, a certain tract of land described in his deed, excepting from the general description, this small piece, now owned by the defendant, and which he afterwards sold to Milo Selleck, under whom the defendant claims it.…
2Cases cited1 opinion
- M'Donald v. LindallSupreme Court of Pennsylvania · 1827
3Cited by20 opinions
- Powers v. HarlowMichigan Supreme Court · 1884
- Robinson v. ClappSupreme Court of Connecticut · 1895
- Waubun Beach Ass'n v. WilsonMichigan Supreme Court · 1936
- Hollywyle Assn., Inc. v. HollisterSupreme Court of Connecticut · 1973
- Hyde v. Town of JamaicaSupreme Court of Vermont · 1855
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