Hunt v. Rich
Supreme Judicial Court of Maine
On Exceptions from Nisi Prius, Shepley, C. J., presiding. Trespass quare clausum. The pleadings were the general issue and brief statement of authority from the town to make safe and convenient a public highway, which they were bound to repair; and that the acts, &c., were done by defendant in performance of his duty as a committee appointed for that purpose. The plaintiff claimed title by possession and also by deed. The boundaries in the deed are recited in the opinion.
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On Exceptions from Nisi Prius, Shepley, C. J., presiding. Trespass quare clausum. The pleadings were the general issue and brief statement of authority from the town to make safe and convenient a public highway, which they were bound to repair; and that the acts, &c., were done by defendant in performance of his duty as a committee appointed for that purpose. The plaintiff claimed title by possession and also by deed. The boundaries in the deed are recited in the opinion. It was said by the witness who made the deed, that there was a road passing near plaintiff’s lot, and a good deal said…
1Opinion of the CourtTenney, J.
— This action is trespass for a breach of the plaintiff’s close in West Bath, with aggravation in having torn down and destroyed his fence, his fruit and other trees, and dug up the bank and carried away the soil and earth. The defendant pleaded that he was not guilty; and in a brief statement justified the acts complained of, as having been done under the authority of the town in making and repairing the highway, alleged to be over the land on which the acts were committed, and in removing obstructions therefrom. The plaintiff relied on parol evidence, and upon a deed from one Winter ux. for…
2Cited by4 opinions
- Huffman v. StateIndiana Court of Appeals · 1899
- Lamb v. Euclid Ambler AssociatesSupreme Judicial Court of Maine · 1989
- Karst v. St. Paul, Stillwater & Taylor's Falls RailroadSupreme Court of Minnesota · 1877
- Spaine v. Tennessee & Alabama RailroadTennessee Supreme Court · 1865