Blake v. Clark
Supreme Judicial Court of Maine
This was a writ of entry, brought by the heirs of Samuel Blake, in which they counted on their own seisin within twenty years, and a disseisin by the tenant. It was tried before Parris J. upon the issue of nul disseisin. The subject of controversy was a certain mill-yard and appurtenances, originally part of lot JVo. 96, in Turner ; and the question •was whether the tenant owned it in fee, or whether he had only an easement therein.
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This was a writ of entry, brought by the heirs of Samuel Blake, in which they counted on their own seisin within twenty years, and a disseisin by the tenant. It was tried before Parris J. upon the issue of nul disseisin. The subject of controversy was a certain mill-yard and appurtenances, originally part of lot JVo. 96, in Turner ; and the question •was whether the tenant owned it in fee, or whether he had only an easement therein. It appeared that the real estate of the ancestor was described in the inventory returned by his administrator, as consisting of his “ homestead farm in Turner,…
1Opinion of the Court
Weston J.
delivered the opinion of the Court at the ensuing July term in Waldo.
The demandants, having proved their pedigree, and that their ancestors died seised of the demanded premises, have established their title; unless they have parted with it to those under whom the tenant claims; or he has acquired a title by disseisin. The saw mill, without any further description, was set off by the commissioners appointed to divide the estate, to Thatcher Blake, one of the de-mandants. Doubtless by this term, the fee of the land, upon which the mill stood, would pass. Lord Coke enumerates a variety…
2Cases cited1 opinion
- Leonard v. WhiteMassachusetts Supreme Judicial Court · 1810
3Cited by5 opinions
- Smith v. FurbishSupreme Court of New Hampshire · 1894
- Donnell v. HumphreysMontana Supreme Court · 1872
- Ouellette v. BolducSupreme Judicial Court of Maine · 1982
- Barnes v. MartinNew York Supreme Court · 1913
- Ingersoll v. IngersollNew Jersey Court of Chancery · 1882