Doten v. Bartlett
Supreme Judicial Court of Maine
On report. Action of trespass quare clausum fregit. Plea, the general issue. At the conclusion of the evidence, the case was reported to the Law Court "to pass on the law and the facts and to assess the damages, if any, and especially to determine: 1. Whether the defendant has a right of way from the Lisbon road across the Doten field to the spring on his land. 2. Whether the defendant has been guilty of a technical trespass.” The case is stated in the opinion.
1Opinion of the CourtCornish, J.
The rights of the parties in this case depend upon the construction to be placed upon a deed from Amos D. Crowley to Arthur F. and Carrol] E. Bartlett, dated May 11, 1903. This deed conveyed a rear lot, the grantor still retaining the front lot adjoining the Lisbon road. The plaintiff has succeeded to the title of Amos D. Crowley in the front lot and the defendant is now the sole owner of the lot in the rear. The defendant claims the right to cross the plaintiff’s lot to reach the highway, under a right of way of necessity. The plaintiff denies this right and has brought this action of…
2Cases cited1 opinion
- Claflin v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1892
3Cited by16 opinions
- Greenwalt v. McCardellCourt of Appeals of Maryland · 1940
- Rischall v. BauchmannSupreme Court of Connecticut · 1946
- Berlin v. RobbinsWashington Supreme Court · 1934
- Beckley National Exchange Bank v. LillyWest Virginia Supreme Court · 1935
- Daywalt v. WalkerCalifornia Court of Appeal · 1963
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