Burnham v. Burnham

This is an action of trespass quare clausum. The defendants justify their entry on the plaintiff’s land as agents of Mary L. Burnham, who, owning property adjoining that of the plaintiff, claims a right of way by prescription across his premises. The jury found for the defendants and the case is before us on a general motion and on exceptions.

Mary L. Burnham, the wife of one defendant and the mother of the other, owned a lot of land adjoining that of the plaintiff, who was her husband’s brother. The plaintiff’s father had at one time many years before owned both parcels, and had conveyed in…