Peck v. MacKowsky
Supreme Court of Connecticut
Suit to restrain the defendant from obstructing a right of way alleged to belong to the plaintiff, and also for damages, brought to and tried by the Court of Common Pleas in Litchfield County, Welch, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendant.
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Suit to restrain the defendant from obstructing a right of way alleged to belong to the plaintiff, and also for damages, brought to and tried by the Court of Common Pleas in Litchfield County, Welch, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendant. January 12th, 1864, one Benham Barber was the owner of a tract of land containing upward of forty acres, situated in the town of Litchfield, as the town boundary lines then were, but now in Torrington. It had been acquired by him in two pieces. One of about sixteen acres, and hereinafter designated as the first…
1Opinion of the CourtPrentice, J.
Whatever right of way the plaintiff, as the owner in possession of his six-acre tract, may have over the defendant’s land has its origin in the reservation made by Benham Barber in his deed of January 12th, 1864, to Ann Delowery, the defendant’s predecessor in title, and its character and extent is measured by that reservation. He asserts a no greater right, and rightfully claims one commensurate with the easement Barber reserved. It is clear that the easement of way so reserved was not a personal one, but one appurtenant to the twenty-five-acre tract of which Barber retained the ownership.…
2Cases cited7 opinions
- Blanchard v. MaxsonSupreme Court of Connecticut · 1911
- Sweeney v. Landers, Frary & ClarkSupreme Court of Connecticut · 1908
- Watts v. C. I. Johnson & Bowman Real Estate Corp.Supreme Court of Virginia · 1906
- Rowell v. DoggettMassachusetts Supreme Judicial Court · 1887
- Walker v. PierceSupreme Court of Vermont · 1865
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- American Brass Co. v. SerraSupreme Court of Connecticut · 1926
- Birdsey v. KosienskiSupreme Court of Connecticut · 1953
- Gager v. CarlsonSupreme Court of Connecticut · 1959
- Schroeder v. TaylorSupreme Court of Connecticut · 1926
- Sachs v. ToquetSupreme Court of Connecticut · 1936
13 more not listed; retrieve them via the Exa API.