Tyler v. Fickett
Supreme Judicial Court of Maine
On report. This was a real action to recover a lot of land and appurtenances situate in Bangor. The writ was dated September 21, 1880. General issue was pleaded, with brief statement of limitations barring the demandant’s right, and. claim for betterments. The case was referred "to find the facts upon legal testimony, and report the same on legal principles, for the decision of the full court on law, with their conclusions, with leave to except.”
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On report. This was a real action to recover a lot of land and appurtenances situate in Bangor. The writ was dated September 21, 1880. General issue was pleaded, with brief statement of limitations barring the demandant’s right, and. claim for betterments. The case was referred "to find the facts upon legal testimony, and report the same on legal principles, for the decision of the full court on law, with their conclusions, with leave to except.” Their award, which was in favor of the plaintiff for a portion of the demanded premises and for his legal costs, made part of the case. The…
1Opinion of the CourtBarrows, J.
The fallacy of the positions taken by the defendant in opposition to the report of the referees consists mainly in the assumption that the phrases "continuation of the Odlin road, so called,” and "said Odlin road” in the deed from Willard Thompson to Thomas R. Thompson, dated October 16, 1852, under which the plaintiff derives title, and the phrase "Odlin road extended” in the deed of Willard Thompson to Erastus Gowen dated October 29, 1853, under which the defendant’s title accrues, so properly describe and definitely point out one of several wood roads, (made by lumbermen westerly of what…
2Cases cited2 opinions
- Norris v. DoniphanCourt of Appeals of Kentucky · 1863
- Payne v. CommonwealthCourt of Appeals of Kentucky · 1858
3Cited by7 opinions
- Perkins v. ConarySupreme Judicial Court of Maine · 1972
- Taylor v. HansonSupreme Judicial Court of Maine · 1988
- Snyder v. HaagenSupreme Judicial Court of Maine · 1996
- Chisholm v. ThompsonSupreme Court of Pennsylvania · 1911
- Slipp v. StoverSupreme Judicial Court of Maine · 1994
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