Smith's Exr. v. Jones
Supreme Court of Vermont
Case for obstructing a private way. Plea, tbe general issue. Trial by court on an agreed statement of facts at the September Term, 1911, Franklin County, Waterman, J., presiding. Judgment for the plaintiff. The defendant excepted. The opinion states the ease.
1Opinion of the CourtMunson, J.
The plaintiff sues as executor of Francis Smith to recover damages for the obstruction of a private way which crosses the defendant’s land, called the Pratt farm, to a wood lot immediately adjoining, which belongs to Smith’s estate and is in the possession of the executor. In 1867 Smith, then the owner of both parcels, conveyed the farm to á grantor of the defendant by a deed which contained the following clause: ‘ ‘ Reserving the right at reasonable times and in a reasonable way to cross said land below the road to my wood lot. ’ ’ There is no similar clause in- the succeeding deeds, but…
2Cases cited3 opinions
- Bailey v. Agawam National BankMassachusetts Supreme Judicial Court · 1906
- Ashcroft v. Eastern RailroadMassachusetts Supreme Judicial Court · 1879
- Dee v. KingSupreme Court of Vermont · 1905
3Cited by5 opinions
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- Sheldon Slate Products Co. v. KurjiakaSupreme Court of Vermont · 1964
- Haldiman v. OvertonSupreme Court of Vermont · 1922
- In re Estate of HardingSupreme Court of Vermont · 2005
- Munson v. GoodroSupreme Court of Vermont · 1964