Cox v. Leviston
Supreme Court of New Hampshire
Bill in Equity, for an injunction to restrain the defendants from obstructing the plaintiff’s way. Facts found by the court. The plaintiff and the defendants own adjoining house-lots in Lebanon, the title of both being derived through mesne conveyances from Daniel Taylor, trustee of the Church Family of Shakers. The controversy is as to their respective rights in a passage-way over the defendants’ land along the division line.
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Bill in Equity, for an injunction to restrain the defendants from obstructing the plaintiff’s way. Facts found by the court. The plaintiff and the defendants own adjoining house-lots in Lebanon, the title of both being derived through mesne conveyances from Daniel Taylor, trustee of the Church Family of Shakers. The controversy is as to their respective rights in a passage-way over the defendants’ land along the division line. There was evidence tending to show that the original grantors of the plaintiff, by their trustee and agent, Caleb M. Dyer, assented by parol to the existence of the…
1Opinion of the CourtSmith, J.
The plaintiff has no easement in the premises in dispute by express grant. No mention is made of any way in the deed from Taylor to Huse, or from Taylor to Houston. • Neither did a way pass as appurtenant to the premises conveyed by Taylor to Huse, for there was no way appurtenant to the premises, and only existing easements pass as appurtenant to the land conveyed.
In neither deed is the plaintiff bounded on a road or pass-way. The westerly boundary is a line running from one stake to another. No question therefore arises as to the plaintiff’s right to a way in the premises in question by…
2Cases cited3 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Trustees of Columbia College v. LynchNew York Court of Appeals · 1877
- Tallmadge v. . the East River BankNew York Court of Appeals · 1862
3Cited by3 opinions
- Peterborough Savings Bank v. HartshornSupreme Court of New Hampshire · 1891
- Hickey v. DoleSupreme Court of New Hampshire · 1891
- Goudie v. FisherSupreme Court of New Hampshire · 1920