Brown v. Heard
Supreme Judicial Court of Maine
On report. This was a real action to recover the Heard or Brown lot, the question in controversy being the title to a small triangular piece, or gore, of land lying southerly and easterly of a road located, in 1874, by the selectmen of South Thomaston, terminating on the beach at Ash Point.
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On report. This was a real action to recover the Heard or Brown lot, the question in controversy being the title to a small triangular piece, or gore, of land lying southerly and easterly of a road located, in 1874, by the selectmen of South Thomaston, terminating on the beach at Ash Point. The locus is situated on the southeasterly corner of the lot marked Brown and northeasterly of the lot marked Hinckley (now Moody) on the chalk plan; and is thus described in the defendant’s brief statement, "bounded southwesterly by land of Moody,, southeasterly by low water mark, and on the northwest by…
1Opinion of the CourtHaskell, J.
Writ of entry to recover a tract of land lying in the angle formed by intersection of the north line of the Moody lot with the sea shore.
The defendant seasonably disclaimed all the land within the west angle made by the sea shore and road, and pleaded nid disseizin as to the residue. The evidence shows that defendant was not in possession of any part of the land demanded and lying north of the town road as actually built, the part disclaimed.
This defeats the plaintiff’s action, unless he proves a legal title to more of the land demanded. He claims title under a deed bounding his land by the…
2Cases cited1 opinion
- Storer v. FreemanMassachusetts Supreme Judicial Court · 1810
3Cited by9 opinions
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- Gary Sleeper v. Donald R. LoringSupreme Judicial Court of Maine · 2013
- Schaffer v. HeidenheimerCourt of Appeals of Texas · 1906
- Southern Iron & Steel Co. v. StowersSupreme Court of Alabama · 1914
- Page v. NissenSupreme Judicial Court of Maine · 1969
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