Mosher v. Ellingsen

This is a suit to establish an easement by implication over defendants’ land for ingress and egress to plaintiff’s land. Defendants appeal from a decree in favor of plaintiff.

Plaintiff’s and defendants’ land was originally under one ownership, the title being in William Collins and wife. The evidence shows that at the time of the conveyance to plaintiff of a part of the land the only feasible access to the parcel conveyed was over the part retained by the Collinses. We find that this evidence, together with other facts in the case, was sufficient to establish an easement by implication.…