White v. Crawford
Massachusetts Supreme Judicial Court
This was an action of the case, wherein the plaintiff declares that, on the 13th of May, 1807, and long before, and ever since, she was possessed of a certain farm in Bath, formerly owned by her late husband, Joseph White, deceased, bounded on one side by land of the defendant, and on another side by High Street: and that she then had, and still ought to have, a drift and cart-way through the defendant’s land to the High Street aforesaid, for herself, horses, cattle, and…
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This was an action of the case, wherein the plaintiff declares that, on the 13th of May, 1807, and long before, and ever since, she was possessed of a certain farm in Bath, formerly owned by her late husband, Joseph White, deceased, bounded on one side by land of the defendant, and on another side by High Street: and that she then had, and still ought to have, a drift and cart-way through the defendant’s land to the High Street aforesaid, for herself, horses, cattle, and carts, to pass and repass, as they had occasion. Yet the said Crawford, contriving, &c., on the day aforesaid, stopped up…
1Opinion of the CourtSewall, J.
In an action for disturbance of a right of way which the plaintiff claims to have in and over the land of the defendant, from a certain farm in the occupation of the plaintiff to the High Street in Bath, the plaintiff having recovered a verdict, the case is brought before us upon exceptions, taken for the defendant, to the opinion and direction of the judge who presided at the trial. As explained by the argument of the defendant’s counsel, the ground of these exceptions seems to be, that the judge permitted [*187] a verdict for * the plaintiff, when no title to the way in question had been proved…
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- Inhabitants of Winthrop v. FairbanksSupreme Judicial Court of Maine · 1856
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