The Bennington banner. [volume] (Bennington, Vt.) 1858-1894, 1889-05-09

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, and 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
A. ID 1857, your orator personally occupied, cul.
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 aud un.
loaded:
That at some time subsequent to April first A.
ID. 1872 and prior 10 March twenty fourth A. .
1884. but at or near what point OF time your orator
Is unable to state. passage.wa was constructed
commencing at the north line of lands now own
ell by James ii, Fitzgerald as aforesaid at or
near said private way MS surveyed by Edward
Rice and extending soulherly in nearly 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
tor and by the owners and occupants Of the seY-
eral parcels OF land above referred to not contig
uous o said highway, as a means OF ingress and
egress TO and from the same in lieu of said pri.
Yate way US laid out and dedicated to that pur.
pose as aforesaid, and the said James ii. FitZ.
gerald claims that the owners and occupants Of
said lands not contiguous to the highway must
continue hereafter as heretofore to use said pas
sage way In lieu Of said private way surveyed by
Edward Rice As aforesaid, and that they have no
right whatever TO the use of said private way as sur
veyed by Edward Rice from said James Ii. FitZ-
gerald's north line sOutherly to said highway,
distance OF about twenty-five rods; and the said
James IL. Fitzgerald, during his occupancy Of the
parcel of land owned and occupied by him as
aforesaid for more than four years last past, has
maintained fence commencing at or near the
east line of said private way where the same
crosses his north line, thence running obliquely
to said private way and crossing the same, to
point on the north line of said highway at the
east line of said passage way and near the west
line OF said private way, which said fence has dur
ing all that time as so maintained by the said
James ii. Fitzgerald, wholly Obstructed, inter
rupted and prevented your orator, his tenants and
servants. and the owners and occupants of other
parcels of said lands not contiguous TO the high.
way, from passing and repAssing over said pri
vate way they had a right do 10 his and their
great annoyance interruption and obstruction in
the prosecution OF their necessary aud proper
business, and also to his and their great injury
and damage; which said fence so maintained by
the said James II. Fitzgerald as aforesaid be
tween its two terminal points, curves TO the west
ward and projects beyond SAID private way into
and upon said passage way and has during all
that time obstructed and prevented your orator
and other owners and occupants OF said lands not
contiguous to the highway, from passing and re-
passing over said passage way in and about their
necessary and proper business as they otherwise
might and would have done, to their great injury,
damage and to the common nuisance Of all per
sons having right and occasion to pass to and from
said lands;
That your orator has frequently and In friend.
ly way requested the said james IL Fitzgerald TO
remove his said fence from said private way and
from said passage way, but the sand James H.
Fitzgerald has ever refused and neglected, and
still doth refuse and neglect so to do and further
threatens to continue hereafter as heretofore to
obstruct and exclude your crater from the proper
and necessary use Of said private way and said
passage way until restrained therefrom by prop
er process from your Honorable Court, or some
other court of competent jurisdiction;
That the said Margaret Jones claims that the
said parcel Of land owned and occupied by her as
aforesaid, IL bounded on the east by said private
way as survey ed by Edward Rice, and in the ex-
ercise Of such CLAIM has for the most part for
more than eight years last past and still does
maintain fence as she claims upon the east line
of her land projecting about eight feet into said
passage way and greatly obstructing and prevent
ing your orator and the occupants of said lands
lying TO the north from passing and repassiDg |
over said passage way; and that your orator has |
frequently and In friendly way requested the |
said Margaret Jones TO remove her said fence 10 |
the end that he might have free, uninterrupted |
and unobstructed access to his laid lands lying TO
the north, over said passage way but she has |
neglected and refused and still neglects and re. |
fuses so to do and threatens TO continue TO main
tain her said fence in said passage way;
Thattle said Patrick MOirissey in his lifetime
and since his deccase his widow, heirs ut law and
administrator Aforesaid have continuously for
more than ten years last past, and still continue
to obstruct said passage way with fences, wood,
railroad ties, a wood shed, hog pen and hog yard
so as 10 greatly obstruct and hinder your orator
and other persons owning and occupying SAID
laNsAa To fha 9Th ms sin |
over said passage way, and have claimed and
now claim 10 own the Zee Of the land OF SAID pas
sage way from the west to the centre line there
OF, lying east OF the said MorriSsey lands, and
that your orator has frequently and in a friendly
way requested the said Patrick MOrrtssey in hls
lifetime and his widow and feirs aforesaid and
aforesaid occupying sad lands
since his deccRse 10 remove said distractions and
iesist from further Obslructing said passage way,
but they have neglected aud refused aud still
neglect and refuse 50 to do, and threaten to con-
.inue 10 Obstruct and occupy said passage way
hereafter as heretofore, claiming the right so TO
10, so as to deprive your orator the owners and
occupants Of other lands lying to the north rs
aforesaid, from the reasonable and beneficial use
II said passage way;
Tfat your orator has the color ol title and
,lams to own the fec In the lands covered by said
private way as surveyed by Edward Rice aud also
covered by SAID passage way upon, contiguous
md adjacent TO the same, but your orators title
S disputed by the said James II. Fitzgerald, the
aid Margaret Jones. aud the widow, heirs aud
Of said Morrissey aud the said Ed
ward Fitzgerald;
That for a considerable time, but how long
fuiir orator has M means of knowing, after said
ntire tract was divided Into parcels and conveyed
" said Pruyn to different grantees, thr land Ia
.iuded ia said survey Of said right OF way aud ia
'ludpd In said passage way and contiguous and
.diacent to each, used promiscuously aud |
without special limitation by the owners and oc.
.upants OF such parcels until from time 10 time Z
he owners and occupants nf said lands living
outh Of your orators lands, by the erection Of
ences, buildings and other structures confined I
nd restricted the travel 10 the limits OF said
passage way. and your orator and other owners
md occupants have been compelled to use the
anne as their only means Of ingress and egress to
md from said lands lying to the north, but your E
,rator AYERS that such user Of such passage way
las not ripened into an abandonment Of said pri
ate way lnsomuch as said passage way. devia.es
herefrou. and an adoption ii sad passage way ,
D lieu thereof: