Bean v. French

A clause in a deed of land, “reserving however to myself the privilege of a bridle road in front of the house,” creates in the grantor only a life estate in the easement.

Tort for breaking and entering the plaintiff’s close in Worcester. The defendant justified his acts under a right of way over the plaintiff’s land. Trial in the Superior Court, before Barker, J., who allowed a bill of exceptions, in substance as follows: The defendant claimed title under one Alpheus Merrifield, who, on November 7, 1821, being then the owner of a tract of land containing between fourteen and fifteen acres, of which the plaintiff’s premises were a part, conveyed the latter to one Elizabeth Cobleigh, her heirs and assigns, by a warranty deed containing the usual covenants, and also the following clause: “ Reserving however to myself the privilege of a bridle road in front of the house.” The granted premises were bounded on two sides thereof by the grantor’s other land. The defendant’s evidence tended to show that there was no other reasonable way to get to his land than through the land of the plaintiff at the place indicated as a “ bridle road,” and that Merrifield and those claiming under him had always used said “ bridle road ” in connection with said remaining land; but there was conflicting evidence on these points. It appeared that Merrifield died in January, 1853; that, in 1854, the plaintiff’s estate passed by mesne conveyances from Cobleigh to one Deland, in which conveyances no reference was made to a right of way ; and that, on October 25, 1854, it was conveyed by the administrator of the estate of Deland to Patrick Doolan, his heirs and assigns, by a warranty deed containing the usual covenants, and also the following clause: “ A certain tract of land with buildings thereon, situated in Worcester (New Worcester) containing one half acre known as the Cobleigh Place, the same conveyed by Alpheus Merrifield to Elizabeth Cobleigh, and subject to the right of way through said land as defined in said deed to said Elizabeth Cobleigh.” The judge ruled that, upon the evidence, the defendant had no right of way by grant as appurtenant to his estate. The jury returned a verdict for the plaintiff; and the defendant alleged exceptions.