Treat v. Parsons
Supreme Judicial Court of Maine
On report. Bill in equity, heard on demurrer. The bill alleges, after setting out plaintiff’s title to the premises, that he is entitled under the deeds to "all the right of taking salmon, shad and alewives on the whole of the shore frontage of said land, together with all the privileges necessary for carrying on said fishery.”
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On report. Bill in equity, heard on demurrer. The bill alleges, after setting out plaintiff’s title to the premises, that he is entitled under the deeds to "all the right of taking salmon, shad and alewives on the whole of the shore frontage of said land, together with all the privileges necessary for carrying on said fishery.” The plaintiff asks the court, sitting in equity, to interpose and regulate the enjoyment of said shore frontage, for the following reasons :— "That said shore frontage is two hundred and twenty rods in extent, and that while in the weirs erected thereon by the…
1Opinion of the CourtWalton, J.
This is a bill in equity to which the defendants have demurred. It appears by the allegations in the bill that the plaintiff owns land bounded by the shore of Penobscot Bay, and that the defendants have obtained by grant " all the right of taking salmon, shad, and alewives, on the whole of the shore frontage of said land, together with all the privileges necessary for carrying on the said fishing.” And the plaintiff avers that by means of weirs the defendants take, and can not avoid taking fish other than the kinds named in the grant; and he claims that these other fish properly belong to…
2Cited by2 opinions
- Perry v. DodgeSupreme Judicial Court of Maine · 1949
- In re DunklyDistrict Court, N.D. California · 1946