Bodfish v. Bodfish
Massachusetts Supreme Judicial Court
Tout for breaking and entering the plaintiff’s close in Barn-stable. Writ dated July 24, 1869. The defendant justified under a claim of a right of way across the close, gained by adverse use, and appurtenant to land which she was occupying at the time of the alleged trespass.
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Tout for breaking and entering the plaintiff’s close in Barn-stable. Writ dated July 24, 1869. The defendant justified under a claim of a right of way across the close, gained by adverse use, and appurtenant to land which she was occupying at the time of the alleged trespass. At the trial in the superior court, before Putnam, J., these facts appeared : Before 1829 John Bodfish and Isaac Bo'dfish owned a tract of land in common, of which the plaintiff’s lot was a part; and in that year they made partition, setting off this lot to Isaac, who was the plaintiff’s father, and from whom the…
1Opinion of the CourtAmes, J.
1. The defendant, at the time of the alleged trespass, was occupying the homestead estate with its appurtenances, both by the consent of the heirs at law of her deceased husband, (who were the only parties entitled to object,) and also in her right as his widow, under the provisions of Gen. Sts. a. 90, § 7. Almy v. Crapo, 100 Mass. 218.
2. The question submitted to the jury was, as to the existence of the right of way appurtenant to the homestead, under which she justified the alleged trespass. Her claim was, that the owners of the homestead had acquired that right by adverse user; and the…
2Cases cited1 opinion
- Almy v. CrapoMassachusetts Supreme Judicial Court · 1868
3Cited by17 opinions
- Cincinnati, Indianapolis, St. Louis & Chicago Railway Co. v. GeiselIndiana Supreme Court · 1889
- Dartnell v. BidwellSupreme Judicial Court of Maine · 1916
- Jacobson v. Mutual Benefit Health & Accident Ass'nNorth Dakota Supreme Court · 1941
- Ross v. Farmers Insurance ExchangeIndiana Court of Appeals · 1971
- Hoban v. BucklinSupreme Court of New Hampshire · 1936
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