Cousens v. Inhabitants of School-district No. 4
Supreme Judicial Court of Maine
On report. Writ oe entry to recover possession of a certain parcel of land containing twenty-five square rods, which, together with their old school lot of about ten square rods, comprises their new schoolhouse lot and on which is erected their new school-house.
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On report. Writ oe entry to recover possession of a certain parcel of land containing twenty-five square rods, which, together with their old school lot of about ten square rods, comprises their new schoolhouse lot and on which is erected their new school-house. The plaintiff holds the title and is entitled to judgment, unless the facts disclosed in the report show that the defendants, by the due exercise of the right of eminent domain, have acquired the right to “ take such lot to be held and used for the purposes” to which they have appropriated it. The case as made up consists mainly of…
1Opinion of the CourtBarrows, J.
The defendants claim to hold the possession of the land demanded in this suit because they say it has been legally taken for a school-house lot by virtue of the provisions of B., S. c. 11, § 33.
That the title was previously in the plaintiff is not denied.
The case finds that after the proceedings, the validity of which is here in controversy, the defendants forthwith erected a new school-house on the lot taken, which adjoined the lot upon which the defendants’ old school-house stood, and the whole (which does not exceed forty square rods) is now inclosed with one fence and occupied by the…
2Cited by3 opinions
- McNair v. School District No. 1Montana Supreme Court · 1930
- Oxford County Agricultural Society v. School Administrative District No. 17Supreme Judicial Court of Maine · 1965
- City of Westbrook v. LoganSupreme Judicial Court of Maine · 1967