Whitmore v. Brown
Supreme Judicial Court of Maine
On report. Two real actions to recover certain tide lands or flats in Gil patrick’s Cove on Mt. Desert Island, adjacent to the parcels of upland owned severally by the plaintiffs.
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On report. Two real actions to recover certain tide lands or flats in Gil patrick’s Cove on Mt. Desert Island, adjacent to the parcels of upland owned severally by the plaintiffs. The defendants pleaded the general issue and disclaimed as to all the demanded premises except that part of the same embraced within the description contained in a deed from Arthur Gilpatrick to the ■ defendants, dated Feb. 1, 1902, and recorded in the Hancock Registry of Deeds, volume 378, page 332. It was agreed to report the cases to the Law Court with the stipulation “ that the Law Court is to determine whether…
1Opinion of the CourtSavage, J.
These are real actions, and upon, the pleadings the question in issue is the ownership of the flats in Gilpatrick’s Cove on Mt. Desert Island, adjacent to the parcels of upland owned severally by the plaintiffs. Both plaintiffs derive their titles from Maria Teresa De Gregoire. The Island of Mt. Desert, prior to 1788, was owned by John Barnard and Madame De Gregoire, in common and undivided. By partition proceedings in 1788, the easterly part of *412the island was set off to Madame De Gregoire, to hold in severalty. Undoubtedly while Barnard and Madame De Gregoire owned the island in common,…
2Cases cited1 opinion
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