Barker v. Clark
Superior Court of New Hampshire
Trespass for breaking and entering the plaintiff’s close in Stratliam. The defendant pleaded in bar, first, a public highway through the loctis in quo ; secondly, a private way through the same, and issues were joined on tliesc ways. . . . The cause was tried here at September term, 1827, when the defendant, in order to show that there was a public highway through the close, offered to prove that people in the neighborhood and others had long been accustomed to pass through…
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Trespass for breaking and entering the plaintiff’s close in Stratliam. The defendant pleaded in bar, first, a public highway through the loctis in quo ; secondly, a private way through the same, and issues were joined on tliesc ways. . . . The cause was tried here at September term, 1827, when the defendant, in order to show that there was a public highway through the close, offered to prove that people in the neighborhood and others had long been accustomed to pass through the close, not only on foot, but with teams ; but as he did not offer to show that a way had ever been opened, or made,…
1Opinion of the CourtRichardson, C. J.
One of the questions to be decided in this case, is, whether the grant by Moses Clark, of two of his closes with their appurtenances, passed a way through another close belonging to him, and which had been used to pass from one of the granted closes to the other ?
This question is believed to be well settled. There is no doubt, that when one man has a right of way through the close of another, which right of way is appurtenant to his land, a grant of his land with its appurtenances will pass the right of way. But a man cannot have a right of way through his own land, independent of his right…
2Cases cited1 opinion
- Prichard v. AtkinsonSuperior Court of New Hampshire · 1826
3Cited by3 opinions
- Clark v. Boston, Concord & Montreal RailroadSuperior Court of New Hampshire · 1851
- Spaulding v. AbbotSupreme Court of New Hampshire · 1875
- State v. New-BostonSuperior Court of New Hampshire · 1840