Leonard v. White
Massachusetts Supreme Judicial Court
Trespass for breaking and entering the plaintiff’s close, situate in tVbst Springfield, and beating and driving away the team of the plaintiff, viz., one horse and one yoke of oxen, &c. The declaration contained several counts, and the defendant pleaded a number of pleas in bar.
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Trespass for breaking and entering the plaintiff’s close, situate in tVbst Springfield, and beating and driving away the team of the plaintiff, viz., one horse and one yoke of oxen, &c. The declaration contained several counts, and the defendant pleaded a number of pleas in bar. That on which the question, which came before the Court, arose, alleges in substance, that the defendant and his wife were seised in their right of the locus ir quo, and because the horse and oxen of the plaintiff were there doing damage, the defendant rightfully removed them. The repli cation traverses the seisin…
1Opinion of the Court
*7The opinion of the Court was afterwards delivered by
Sedgwick, J.
(after stating the substance of the report.) It is not contended in this case, on the part of the plaintiff, that the conveyance, mentioned in the report, does not operate as the grant of an easement for the accommodation of the mill, by means of the way which has been mentioned; but it is contended that it cannot be considered as a grant of the soil over which the way passed; and, on the other side, it is insisted that the deed ought to be considered as a grant of the land.
It is agreed that the locus in quo is not within the…
2Cited by41 opinions
- US v. Don Fernando De La Maza Arredondo & OthersSupreme Court of the United States · 1832
- Woodhull v. . RosenthalNew York Court of Appeals · 1875
- Jones v. JohnstonSupreme Court of the United States · 1856
- Samuel D. Harris and Others v. Jesse D. ElliottSupreme Court of the United States · 1836
- New Orleans Pacific Railway Co. v. ParkerSupreme Court of the United States · 1892
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