Forbush v. Poe

By JUDGE HENRY H. WHITING

The Court must decide whether the defendants have a right of way for ingress and egress over the complainants' property located in a remote mountainous area of Warren County. The right of way was allegedly created in a deed from the common grantor of both parties dated October 1, 1881, providing in part: "It is distinctly understood that the right of way for a road is herein reserved as ingress and egress to the said Woodwards’ lands lying back of said tract." (Complainant’s Exhibit 1.) This reservation was then noted in the deed to the defendants* predecessors dated…