Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 80

Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 80

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1888 edition. Excerpt: ... be recovered by legal remedy, unless from exceptional reasons, equity should be resorted to. Emceptions sustained. WAr.rox, VIRGIN, Lnmnr, Fosrsa and HASKELL, JJ., concurred. ELIAS M. STILLWELL vs. Joan B. Fosrnn. Penobscot. Opinion March 31, 1888. Easement. Way of necessity. Adverse user. An owner of a building containing two stores, with partition wall between them, and with stairs on one side leading to second floor and a door through the partition wall on second floor at the head of the stairs, sold the store which had no stairs, and in the conveyance made the centre line of the partition wall the dividing line. Held that the conveyance did not carry with it a right of way of necessity over the flight of stairs. There can be no title from adverse user when the tenant's occupation had been interrupted within twenty years. ON report. An action on the case for interruption of an easement or right of way over a stairway in the det'endant's store, by blocking up a doorway at the head of the stairs with bricks and mortar, thereby preventing access by said stairs to a front room on the second floor of the plaintitl"s store adjoining. Other facts stated in the opinion. Barlcer, Vase and Barker, for plaintitf. Plaintifl"s first claim is that the stairway, or rather the right to use it, was impliedly granted by Harlow, who owned both estates, when he deeded this with no other way of approaching it or of making use of it from the street, except over this stairway and continued to allow such use after his conveyance during his entire ownership, and that such right has come down to him through the various conveyances as one of the appurtenances of said estate, and he bases his claim upon the well known maxim, ...show more

Product details

  • Paperback | 216 pages
  • 189 x 246 x 12mm | 395g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236780426
  • 9781236780423