Trespass, for breaking and entering the plaintiff’s close in Winchester, situated between the travelled track of a highway and the Ashuelot river, and removing therefrom a certain building. Facts agreed by the parties. The highway in question was laid out in 1832 along the bank of the Ashuelot river on a straight line, and has ever since been used as a public highway.
Cited by 3 later decisions — most recently May 1903
3 state decisions
Good law ✅— No negative treatment on recordhow we know
¶1
The plaintiff shows no title. The reservation in the conveyance of March 29, 1837, from Alexander to Babcock, of “ all the roads now established and built on or over said farm,” was a reservation of the easement of public travel, and not of the soil itself; and its only effect therefore was to protect Alexander from liability on the covenants of his deed. The quitclaim from his heirs to the plaintiff consequently vested in the latter no title to the
locus ;
and as the town had the prior possession, he cannot maintain this action.
