Pernam v. Wead
Massachusetts Supreme Judicial Court
This was an action of trespass upon the case, brought by S. Pernam against W. Wead, for a disturbance in the enjoyment of a way, by stopping il The facts, as they were agreed by the parties, were in substance — That, on the 13th day of March, 1789, the plaintiff was seised and possessed, in his own right, in fee simple, of a lot of land in Newburyport, with a dwelling-house thereon, bounded on one side by a street or public highway; and that he being so seised, one Edmund…
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This was an action of trespass upon the case, brought by S. Pernam against W. Wead, for a disturbance in the enjoyment of a way, by stopping il The facts, as they were agreed by the parties, were in substance — That, on the 13th day of March, 1789, the plaintiff was seised and possessed, in his own right, in fee simple, of a lot of land in Newburyport, with a dwelling-house thereon, bounded on one side by a street or public highway; and that he being so seised, one Edmund Sawyer, on that day, caused an execution which he then held against the present plaintiff to be extended, in due form of…
1Opinion of the Court
* Parker, J.
The plaintiff has brought his action for [ * 206 ] an interruption in a way from his dwelling-house and curtilage to some public highway. It is agreed that he had no way by which he could have communication with the world, unless over this land, or by trespassing on others. The question, on this state of the case, is, whether the law gives him a way as a way of necessity. I am of opinion that it does. The reason of the thing is plain, and the cases cited are clearly in point. If, when a man voluntarily, for valuable consideration, grants land; having other land in the rear, he be…
2Cited by15 opinions
- Powers v. HarlowMichigan Supreme Court · 1884
- Gayetty v. BethuneMassachusetts Supreme Judicial Court · 1817
- Collins v. PrenticeSupreme Court of Connecticut · 1842
- Ellis v. BassettIndiana Supreme Court · 1891
- Ritchey v. WelshIndiana Supreme Court · 1898
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