Legal Opinion · Concurring in part, dissenting in part

McGeechan v. Sherwood

Supreme Judicial Court of Maine

Decided October 30, 2000Published

1Concurring in part, dissenting in partAlexander, J.

[¶ 65] I concur in all of the Court’s carefully considered opinion except that part which reverses the trial court’s determination that the Sherwood deed and title history does not include the Paper Mill Road. From that portion of the Court’s opinion, I respectfully dissent.

[¶ 66] Citing McGrath v. Hills, 662 A.2d 215, 217 (Me.1995), the Court recognizes that the party claiming title, on this issue Sherwood, bears the burden of establishing title. ¶ 35. Determining the proper owner of the Paper Mill Road is a mixed question of law and fact — construing the deed, a question of law, then…

2Cases cited3 opinions

  1. Eaton v. Town of WellsSupreme Judicial Court of Maine · 2000
  2. McGrath v. HillsSupreme Judicial Court of Maine · 1995
  3. Hughes Bros., Inc. v. a & M CONTRACTORS, INC.Supreme Judicial Court of Maine · 1999

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