Ellis v. Blue Mountain Forest Ass'n
Supreme Court of New Hampshire
The plaintiff in his count in equity alleges that he has title to,, and ought to be in peaceable possession of, the premises described in his first count, which are enclosed and surrounded on all sides by lands of the defendants and occupied by them, the-lands so occupied being known as Corbin park; and that the park is enclosed by a fence about ten feet high erected and maintained by tbe defendants.
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The plaintiff in his count in equity alleges that he has title to,, and ought to be in peaceable possession of, the premises described in his first count, which are enclosed and surrounded on all sides by lands of the defendants and occupied by them, the-lands so occupied being known as Corbin park; and that the park is enclosed by a fence about ten feet high erected and maintained by tbe defendants. The pai’k thus enclosed includes the plaintiff’s premises, and is stocked and occupied by the defendants with a great variety of wild and dangerous animals. He also alleges that when the…
1Opinion of the CourtWallace, J.
One question presented is whether the plaintiff is entitled to relief under his bill in equity. He asks that the defendants be required to furnish him with a safe, suitable, convenient, and unobstructed way across their land to his. He claims that he once had access to his lands through certain highways which the defendants have induced the authorities to discontinue, and for that reason and because his land is wholly surrounded by the defendants’, he is entitled to a way of necessity. The discontinuance of the highway by the proper authorities, even if induced or moved by the defendants,…
2Cases cited4 opinions
- Oliver v. HookCourt of Appeals of Maryland · 1877
- Wheelock v. . NoonanNew York Court of Appeals · 1888
- Tracy v. AthertonSupreme Court of Vermont · 1862
- Woodworth v. RaymondSupreme Court of Connecticut · 1883
3Cited by11 opinions
- State v. LinskySupreme Court of New Hampshire · 1977
- Brasington v. WilliamsSupreme Court of South Carolina · 1927
- Neblett v. R. S. Sterling Inv. Co.Court of Appeals of Texas · 1921
- Williams v. BabcockSupreme Court of New Hampshire · 1976
- Kimple v. SchaferSupreme Court of Iowa · 1913
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