Jones v. Percival
Massachusetts Supreme Judicial Court
Trespass quare clausum fregit. Pleas, 1. a right of waj by prescription from the upland across the plaintiff’s sal marsh (the locus in quo), to the defendant’s salt marsh, in the fall and winter, where most convenient to the defendants anc. least prejudicial to the plaintiff, for the purposes of getting the produce of the defendant’s marsh and of improving and managing the same : — 2. a right of way of the same kind and extent by a non-existing grant.
Read the full summary
Trespass quare clausum fregit. Pleas, 1. a right of waj by prescription from the upland across the plaintiff’s sal marsh (the locus in quo), to the defendant’s salt marsh, in the fall and winter, where most convenient to the defendants anc. least prejudicial to the plaintiff, for the purposes of getting the produce of the defendant’s marsh and of improving and managing the same : — 2. a right of way of the same kind and extent by a non-existing grant. Replications, de suá injuria and issues thereon. At the trial, before Morton J., it appeared in evidence, that the defendants, at the times…
1Opinion of the Court
Morton J.
delivered the opinion of the Court. It is true, as was contended by the defendants’ counsel, that a custom for the owners of adjoining closes, not separated by partition fences, to turn their teams upon each other’s land in ploughing, is good. It enables the respective owners more conveniently and advantageously to improve their lands. It is also founded on reciprocity and is promotive of husbandry. But a custom for the inhabitants of a certain place, or the owners of a certain close, to pass over the soil of another wherever it is most convenient to themselves, and least prejudicial…
2Cases cited1 opinion
- Sohl v. GeisendorfIndiana Superior Court · 1871
3Cited by3 opinions
- Sassman v. CollinsCourt of Appeals of Texas · 1908
- Earley v. HallSupreme Court of Connecticut · 1915
- Murff v. DreebenCourt of Appeals of Texas · 1939