The Bennington banner. [volume] (Bennington, Vt.) 1858-1894, 1889-05-02
IN CHANCEEY. BENNINGTON COUNTY.

William II. Stockwell VS. James H. Fitzgerald,
Frank Thompson, Margaret Morrissey, Edward
MOrrissey, Nellie McCurney, Patrick McCuTney,
Mary Mack, Michael Mack, Margaret Barnes,
Patrick Barnes, Z. C. Houghton Admin.
istratol, Edward Fitzgerald, Executor Mar
garet Jones, Luther Irish, Henry Stockwell,
Helen Harvey, Phillip Harvey, Johanna Harvey,
Bridget Harvey, Mary Harvey, James Powers,
Thomas Powers, Nellie Powers and Nora Powers.
Whereas William II. stockwell of Bennington
in said County has filed in the Office ofthe Clerk
Of the Court Of Chancery in and for said County
his bill Of complaint against James II Fitzgerald,
Frank Thompson and Margaret Morrssey Of
Bennington In said County, Edward Morrssey OF
parts unknown Nellie McCurney, Patrick McCur-
ney OF Hoosick Falls in the State of New York,
Mary Mack and Michael Mack of Remington
aforesaid Margaret Barnes and Patrick Barnes Of
said HoOsick Falls, E. e, Houghton administrator
of the estate Of Patrick Morrissey, deceased
of Bennington aforesaid, Edward Fitzgerald, ex-
ecutor Of the will of Michael Fitzgerald, deceas-
ed, OF Troy, in the State of New York,
Margaret Jones, Luther Irish, Henry Stockwell
and Helen Harvey OF Bennington aforesaid, Phil
ip Harvey OF parts unknown, Johanna Harvey,
Bridget Harvey, Mary Harvey, James Powers,
Thomas Powers. Nellie Powers and Nora Powers
Of Bennington aforesaid, setting forth in sub
That Abram n Pruyn of Cambridge in the
County Of Washington in the State of New York,
on the first day Of April, A. D. 1872, was the
owner in fee Of about eighty acres of land situate
in Bennington aforesaid, bounded and described
AZ follows, viz -
ON the north by lands owned by Trenor W.
| Park and lands owned by Henry ID. Hall; on the
| east by lands owned by Trenor W. Park and
| lands owned by widow Nancy Edgerton; on the
south by lands formerly owned by Samuel L.;
Preston. lands owned by the Widow Terrell and
| lands owned by David Steward and the highway
leading westerly from the Paper Mill Village, so
called, to the Stone Church; on the west by lands
| owned by David Steward, the Widow Terrell,
| lands formerly owned by Samuel l.. Preston and
| lands owned by II. Burden & Sons.
Thrt said lands were not in proximity to, or &C
cessible from any highway except the highway
| above referred to;
| That said Pruyn on or about the first day OF
| April, A. d. 1872, and himself and his grantees
| subsequently there, to haYe divided and subdi.
| vided said lands into seven or more distinct and
| That A. D. 1879, and before said Pruyn conveyed
away any Of said parcels, he caused to be survey
ed by Edward, Rice, surveyor. private way lead
ing from said highway nOrtherly across the entire
tract of said land to lands Of II. D. Hall, for the
| use, benefit and accommodation of the future pur.
| chasers and owners of four of said separate and
| distinct parcels which otherwise were wholly sep
arated and isolated from said public highw ny by
other parcels constituting the remainder OF said
entire tract;
That said private way was two rods IN width
and the centre line thereof was surveyed by the
said Edward Rice as aforesaid. as follows:
Beginning one and one halt rods south of Bur
dens north line and at the fence east of Paran
Creek, thence on Halls south line east, l312 deg
south, II rods to point " rods east OF Hall
south east corner; thence south p deg. west, II
rods thence south l13 deg. west 81 rods, IL links
10 q beech tree; thence south, 50 deg, west o.
rods to butternut tree standing in or near the
north line of the highway leading from the Meth
odist Church at Hinsdvlle so called, eastery tc
Bennington Village,
That Said Pruyn, x. D. 1872, and before convey
ing away any of said parcels of land dedicated
said private way, surveyed as aforesaid TO the
free. uninterrupted and unolstructed use OF al
subsequent owners and occupants OF said separate
parcels of land not contiguous to said Highway
forever;
That by virtue of numerous grants and rescr
yAtOns express and implied, said right of way
surveyed as aforesaid has become and is an ease
ment In and upon all of the lands over which tint
same was surveyed as aforesaid, appurtenant tC
the several parcels of said entire tract divided anI
subdivided as aforesaid
That the defendant Fitzgerald owns in fee and
occupies the lands on the east side of said pri
vate way extending from said highway northerll
about twenty-five rods to one OF said four scpa
rate parcels Of land now owned in fee by your ora
tor and occupied by his tenants, Henry StOckwel
and Luther Irish, and that the defendant Frank
Thompson claims to have some interest IN sac
lands owned and occupied by said Fitzgerald
and also in said private way:
That the defendants, Margaret, Morrssey as wild
ow, Edward Morrissey, Nellie McCurney and Pat
rick McCurney her husband in the right of his wife
Mary Mack and Michael Mack her husband in the
right ofhis wife, and Margaret Barnes and Pat
rick Barnes her husband in the right of his wife
as heirs at law Of Patrick Morrissey late of Ben.
nington aforesaid deceased, and Edmund
| c. Houghton as administrator of the es
tate Of said Patrick Morrissey, claims to
| own and occupy lands on the west side OF SAID
| private way extending from said highway north
| erly about thirteen rods - one of said four sep
arate parcels Of land now owned and occupied by
Margaret Jones, and claim to have some interest
! In said private way;
That the defendant Margaret Jones owns in fee
and occupies the lands on the west side of said
private way extending from the said Morrssey
| lands nOrtherly about twelve rods 10 the SAID
| lands Of your orator:
That one Of said four parcels of land referred
to as your orator. land adjoining the said lands
of Fitzgerald and Jones on the north, is traverseu
| by said private way and contains about eight
acres of land and has standing thereon two dwell
| ing houses and outbuildings connected Herewith,
| which two dwelling houses are occupied rcspec.
| lively by the said Henry Stockwell and Luther
Irish who have and claim to have an interest in
| said private way, and who have no other means
ofingress and egress to aud from their respective
dwelling houses, and that said outbuildings are
| occupied in part by your orator IN common with
the said Henry StOckwell for the purpose of keep.
ing cattle aud other farming stock and for storage
OF hay and grain and farming tools ard for other
farming purposes and that your orator has occa.
| sion to and has right to use said right of way
| for the purpose Of passing TO and from said out
buildings with cattle, teams and vehicles ana for
| transporting farm produce TO aud from the same;
that the said Henry StOCkwell and Luther IRISH
| are respectively teIauts by paiOl leases from
iSSs; "
That Thomas Harvey, late of Bennington afOre-
| said deceased, died about nine years ago seiscd
In fee simple of one of said four parcels contain.
ing about ten of land, also tTaversed by said
right Of way and joining your orators parcel &C.
eupied by him and the said Henry Stockwell and
| Luther Irish as aforesaid on the north, on which
stands dwelling house and outbuildings and the
same is now owned and occupied by the defend
ants Helen Harvey, Philip Harvey, Johanna liar.
! ney, Bridget Harvey, Mary Harvey, james Pow
| crs, Thomas Powers, Nellie Powers, and Nora
| Powers as Successors TO the said Thomas Harvey
| in the chain If title, who have and clam to have
| IN pst In other
means OF ingress and egress TO and from their
said land;
That one other Of said four parcels of land, con.
| tanning about eight and one half acres OF land,
also trayersed by said right OF way and join ny
the said Harvey lands on the north, is owned by
your orator in fee and is occupied by the said
! Henry StOckwell as tenant under parOl lease from
| your orator for one year from April first A. d.
| 1889, and that your orator and the said Henry
| Stockwell have right to pass and repass over
| said private way to and from said last mentioned
| parcel for all proper and necessary purposes Incl
| dent to the pasturage and cultivation thereof!
| That Edward Fitzgerald, surviving executor OF
| the last will and testament Of Michael Fitzgerald
| late OF Troy in the County Of Rensselaer, anu State
| Of New York, deceased testate, claims to be the
| owner and legally entitled to the possession Of the
| said parcel OF land claimed and occupied by the
widow, heirs at law and administrator of Patrick
Morrissey, deceased rs aforesaid and also claims
TO have an interest IN said private way in his said
capacity as executor:
That for many years next prior to April first
| tivated and improved the several parcels ofland
owned by him AS aforesaid for farming purposes
and had frequent occasion and the legal right TO
pass and repass over said private way with foot.
men, animals, teams and vehicles, loaded and I'M
loaded
That at some time subsequent to April first A.
d. 1872 aud prior 10 March twenty fourth A. .
1884, but ut or near what point of mc your orator
Is unable to state, passage.way was constructed
commencing at the north line OF lands now own
ed by James IL, Fitzgerald as Aforesaid, at OF
near said private way AS surveyed by Edward
Rice and extending sOutherly in nearly u straight
line TO said highway by course bearing slightly
westerly from the said private way as surveyed
by Edward Rice which said passage way has been
fenced on either side for the most part aud has
been used by your orator grRntoTs and your ora
tor and by the owners and occupants OF the sey.
eral parcels OF land above referred to not contig
uOus TO said highway, as means Of ingress aud
egress 10 and from the same In lieu of said pri. |
Yate way laid out and dedicated 10 that Dur |
pose as Aforesaid, and the said james IL. FitZ. |
gerald claims that the owners and occupants of |
said lands not contiguous to the highway must |