Thomas v. Patten
Supreme Judicial Court of Maine
This was a writ of entry, brought to recover a certain piece of land, described in the declaration, in the city of Bangor, in which the demandants counted upon their own seisin, and upon a disseisin by the tenants. The general issue was pleaded and joined. It was admitted that Jam.es Dunning the elder, was an original settler in Bangor, and was possessed as sucli of the land in controversy, and of contiguous land.
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This was a writ of entry, brought to recover a certain piece of land, described in the declaration, in the city of Bangor, in which the demandants counted upon their own seisin, and upon a disseisin by the tenants. The general issue was pleaded and joined. It was admitted that Jam.es Dunning the elder, was an original settler in Bangor, and was possessed as sucli of the land in controversy, and of contiguous land. That he died prior to January, 1790, intestate, leaving as heirs, James Dunning, bis oldest son, and six other children. James, the son, was entitled by descent to two shares, and…
1Opinion of the Court
The action was continued for advisement, and the opinion of the Court afterwards drawn up by
WestoN C. J.
The tenants are the owners of lot number thirty-nine, according to a plan made by Moses Hodsdon, May 14, 1801. There being no other description of that lot, its location must depend altogether upon the plan. And the courses, distances and other particulars in that plan are to have the same effect, as if recited and set forth in the deed. Davis et al. v. Rainsford, 17 Mass. 207; Ripley v. Berry et al. 5 Greenl. 24. This is a rule of law well settled in our practice, in reference to deeds,…
2Cases cited1 opinion
- Davis v. RainsfordMassachusetts Supreme Judicial Court · 1821
3Cited by8 opinions
- Vance v. ForeCalifornia Supreme Court · 1864
- Carlyle v. SloanOregon Supreme Court · 1904
- Hedge v. SimsIndiana Supreme Court · 1868
- Bailey v. CarletonSuperior Court of New Hampshire · 1841
- Francois v. MaloneyIllinois Supreme Court · 1870
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