Mansur v. Blake
Supreme Judicial Court of Maine
On report. Trespass guare clausum for depositing logs upon the plaintiffs’ lots, which they claimed extended to the centre of the Meduxnekeag stream in Houlton, where a mill-pond had been formed by the dam connected with the Kelleran Mill (so called), in that town.
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On report. Trespass guare clausum for depositing logs upon the plaintiffs’ lots, which they claimed extended to the centre of the Meduxnekeag stream in Houlton, where a mill-pond had been formed by the dam connected with the Kelleran Mill (so called), in that town. The defendant denied that the plaintiffs’ land went beyond the shore of the pond, and by brief statement claimed ownership of the locus in quo, and also, an easement to flow the same and deposit logs thereon, acquired by more than twenty years uninterrupted and undisputed exercise of that privilege, under claim of right; “that…
1Opinion of the CourtAppleton, C. J.
“Fresh water rivers, of what kind soever, do, of common right,” observes Lord Hale, “belong to the owners of the soil adjacent; so that the owners of one side have of common right the propriety of the soil, and consequently the right of fishing, tcsque ftlum agues; and the owners of the other side the right of soil, ownership and fishing unto the ftlum agues on their side.” Prima facie, the owner of each bank of a stream is the proprietor of half the land covered by the stream. The conveyance of land bounded upon a highway or innavigable stream, carries the grantee to the centre, unless there…
2Cited by8 opinions
- Indiana v. MilkDistrict Court, D. Indiana · 1882
- Trustees of Schools v. SchrollIllinois Supreme Court · 1887
- Boardman v. ScottSupreme Court of Georgia · 1897
- Burk v. TyrrellSupreme Court of Georgia · 1956
- State v. Tuesburg Land Co.Indiana Court of Appeals · 1915
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