Hoffman v. Savage
Cases that cite this one
15 later published cases cite this decision.
- Thar v. Edwin N. Moran Revocable Trust (Wyo. 1995)
- Leichtfuss v. Dabney (Mont. 2005)
- Leuthold v. John A. Stees Co. (Minn. 1918)
- Maguire v. Safford (Massachusetts Land Court 1901)
- Weller v. Weller (Mass. 1881)
- Goodall v. Godfrey (Vt. 1880)
- Earle v. Mayor of New Brunswick (N.J. 1875)
- Dennis v. Wilson (Mass. 1871)
- Horner v. Stillwell (N.J. 1871)
- Cheswell v. Chapman (N.H. 1859)
- Miller v. Garlock (New York Supreme Court 1850)
- Symmes v. Drew (Mass. 1838)
- Comstock v. Van Deusen (Mass. 1827)
- Hill v. Crosby (Mass. 1824)
- White v. Crawford (Mass. 1813)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
We are all clearly of opinion that the easement, for the interruption of which this action is brought, was but appurtenant to the freehold estate of the dowager, and expired with that; not that it was personal, and ceased when the widow made an assignment of her * dower. The land over which the easement was established was assigned to the ancestor of the defendants, and the fee vested in him, subject to the easement.
The injury complained of was committed more than twenty years before the commencement of this suit; and it is to be taken for granted, from the facts in the case, that the adverse occupation has continued to the time of bringing the action. This would be presumptive evidence of an extinguishment or grant of the privilege to the tenant of the land. Of this, however, we are not to judge ; for
Upon the opinion of the Court being disclosed, the plaintiff became nonsuit.
Vide Levett vs. Wilson, 3 Bingh. 115. — Sed vide Cooledge vs. Learned, 8 Pick. 509, 510.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.