Collins v. Prentice
Supreme Court of Connecticut
This was an action of trespass quare clausum fregit, returnable before a justice of peace. The defendant pleaded, that he was seised in fee of a certain close adjoining to the locus in quo, deriving his title thereto from a deed executed by the executors of Adino Hale, the owner of an estate containing both closes, pursuant to an order of the court of probate for the payment of debts ; that after such conveyance, not having any other way to his close than from the highway…
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This was an action of trespass quare clausum fregit, returnable before a justice of peace. The defendant pleaded, that he was seised in fee of a certain close adjoining to the locus in quo, deriving his title thereto from a deed executed by the executors of Adino Hale, the owner of an estate containing both closes, pursuant to an order of the court of probate for the payment of debts ; that after such conveyance, not having any other way to his close than from the highway into and through the locus in quo, he had, and of right ought to have, a convenient way to his said close, from said…
1Opinion of the CourtWaite, J.
The parcels of land owned by the plaintiff and defendant, were formerly a part of the estate of Adino Hale. They were sold by his executors, at public sale, under an order of the court of probate, for the payment of debts. Both pieces were sold on the same day, and the deeds were simultaneously executed, by the executors.
To the plaintiff’s action for a trespass in crossing his land, the defendant has pleaded a right of way of necessity.
On the trial, the plaintiff claimed, that his land was first bid off' at the sale, and prayed the court to instruct the jury, that if they so found, they must…
2Cases cited1 opinion
- Pernam v. WeadMassachusetts Supreme Judicial Court · 1806
3Cited by48 opinions
- Alley v. CarletonTexas Supreme Court · 1867
- Wells v. . GarbuttNew York Court of Appeals · 1892
- Robinson v. ClappSupreme Court of Connecticut · 1895
- Ellis v. BassettIndiana Supreme Court · 1891
- Sassman v. CollinsCourt of Appeals of Texas · 1908
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