Legal Opinion

Proprietors of the Kennebec Purchase v. Tiffany

Supreme Judicial Court of Maine

Decided May 15, 1821PublishedCited by 5 opinions

This was a writ of entry, brought to recover possession of a parcel of land in Sidney, described by metes and bounds, whereof the tenant was said to have disseized the demandants.

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This was a writ of entry, brought to recover possession of a parcel of land in Sidney, described by metes and bounds, whereof the tenant was said to have disseized the demandants. It appeared from the report of the Judge who presided at the trial, that the tenant admitted that the title to the premises was in the demandants, unless the tract was to be considered as part of lot No. 72, according to Nathan Winslow's plan, and in virtue of certain acts done by the demandants, It further appeared that Nathan Winslow, in 17G1, was employed by the demandants to survey and lay out three tiers or…

1Opinion of the Court

Mellen C. J.

delivered the opinion of the Court as follows:

The motion for a new trial is grounded upon the rejection of certain proof offered by the tenant; and the particulars of this proof are stated in the report of the Judge who *223presided in the trial.—If this proof was improperly rejected, the verdict must be set aside and a new trial granted; otherwise judgment must be entered for the demandants.

The demanded premises are claimed by the tenant as a part of lot No. 72 and in no other manner; and the question is, how far that lot extends westwardly.—It is admitted that Wins-low, when he made…

2Cases cited1 opinion

  1. Lunt v. HollandMassachusetts Supreme Judicial Court · 1817

3Cited by5 opinions

  1. Glidden v. BeldenSupreme Judicial Court of Maine · 1996
  2. Vance v. ForeCalifornia Supreme Court · 1864
  3. McCormick v. CraneSupreme Judicial Court of Maine · 2012
  4. Wilson v. Chicago Lumber & Timber Co.Court of Appeals for the Eighth Circuit · 1906
  5. Fauerbach v. Dane CountyWisconsin Supreme Court · 1939

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