Blanchard v. Maxson
Supreme Court of Connecticut
Action in the nature of trespass qu. cl. fr., brought ,, by appeal of the defendant from a judgment of a justice of the peace to the Court of Co'mmon Pleas in New London County and tried to the court, Waller, J.; facts found and judgment rendered for the defendant, and appeal by the plaintiff.
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Action in the nature of trespass qu. cl. fr., brought ,, by appeal of the defendant from a judgment of a justice of the peace to the Court of Co'mmon Pleas in New London County and tried to the court, Waller, J.; facts found and judgment rendered for the defendant, and appeal by the plaintiff. In 1851 Thompson and Phoebe Wells, husband and wife, were the owners of a tract of land in the village of Pawcatuck, in the town of Stonington, which tract extended easterly from Mechanic Street to the Pawcatuck River, a distance of about two hundred and fifty feet. Joseph Anthony owned a similar tract…
1Opinion of the CourtPrentice, J.
The questions presented by this appeal will, for the most part, be substantially resolved by a determination of the character of the rights created by the indenture of 1851 in the twelve-foot strip mutually set apart by the parties from their respective ownership as a lane or pentway for their use and benefit and that of their heirs and assigns forever. Did they constitute easements personal to the parties, their heirs and assigns, and, therefore, easements in gross, or easements appurtenant to the adjoining land owned by the parties?
An easement of way will never be presumed to be personal…
2Cases cited13 opinions
- Dennis v. WilsonMassachusetts Supreme Judicial Court · 1871
- Winston v. JohnsonSupreme Court of Minnesota · 1890
- Chappell v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1892
- Atlanta Mills v. MasonMassachusetts Supreme Judicial Court · 1876
- Greist v. AmrhynSupreme Court of Connecticut · 1907
8 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Kelly v. IvlerSupreme Court of Connecticut · 1982
- Schroeder v. TaylorSupreme Court of Connecticut · 1926
- C. B. Alling Realty Co. v. OldermanSupreme Court of Connecticut · 1916
- Marshall v. MartinSupreme Court of Connecticut · 1927
- Castonguay v. PlourdeConnecticut Appellate Court · 1997
21 more not listed; retrieve them via the Exa API.