Legal Opinion

Webber v. Barker Lumber Co.

Supreme Judicial Court of Maine

Decided April 8, 1922PublishedCited by 13 opinions

On motion for new trial, and exceptions by plaintiffs. This is an action in trover for certain trees cut and removed by defendants on the south half of lot number 9,' range 10, in the town of Greenfield, in the fall and winter of 1916. The defendants pleaded the general issue and estoppel by way of brief statement. Plaintiffs relied upon record title, and defendants claimed title by adverse possession of their grantors and predecessors in title.

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On motion for new trial, and exceptions by plaintiffs. This is an action in trover for certain trees cut and removed by defendants on the south half of lot number 9,' range 10, in the town of Greenfield, in the fall and winter of 1916. The defendants pleaded the general issue and estoppel by way of brief statement. Plaintiffs relied upon record title, and defendants claimed title by adverse possession of their grantors and predecessors in title. The case was tried before a jury who returned a verdict for defendants. Plaintiffs filed a general motion for a new trial, and also took exceptions…

1Opinion of the CourtPhilbrook, J.

This is an action in trover to recover the value of trees cut and removed by the defendants on and from land to which plaintiffs claim title. The defendants justified on the ground that their grantors of the ‘Stumpage had acquired title to the same land by adverse possession. The verdict was for the defendants *261and the case is before us upon plaintiffs’ motion for a new trial, based upon the customary grounds, also upon exceptions to admission of certain testimony, and refusal in the charge to the jury, to give instructions as requested by plaintiffs.

The Motion. The disputed tract of land is…

2Cases cited7 opinions

  1. Ricard v. WilliamsSupreme Court of the United States · 1822
  2. Codman v. WinslowMassachusetts Supreme Judicial Court · 1813
  3. Tennis Coal Co. v. SackettCourt of Appeals of Kentucky · 1916
  4. Jackson ex dem. Bonnell v. SharpNew York Supreme Court · 1812
  5. Huntington v. WhaleySupreme Court of Connecticut · 1860

2 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Striefel v. Charles-Keyt-Leaman PartnershipSupreme Judicial Court of Maine · 1999
  2. Dowley v. MorencySupreme Judicial Court of Maine · 1999
  3. Lyons v. Baptist School of Christian TrainingSupreme Judicial Court of Maine · 2002
  4. Emerson v. Maine Rural Missions Ass'nSupreme Judicial Court of Maine · 1989
  5. Weeks v. KrysaSupreme Judicial Court of Maine · 2008

8 more not listed; retrieve them via the Exa API.

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