Inhabitants of North Yarmouth v. Skillings
Supreme Judicial Court of Maine
Trespass, quare clausum. In 1743, the proprietors of the lands in the town of North Yarmouth, conveyed to certain persons, then selectmen of said town, “ all the flats, sedge banks and muscle beds in said town, lying below high water mark.”
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Trespass, quare clausum. In 1743, the proprietors of the lands in the town of North Yarmouth, conveyed to certain persons, then selectmen of said town, “ all the flats, sedge banks and muscle beds in said town, lying below high water mark.” This conveyance was made “ in behalf of, and for the sole use, benefit and behoof of the present inhabitants of said town of North Yarmouth, and of all such as may or shall forever hereafter inhabit and dwell in the said town, to be by said inhabitants, forever hereafter used, occupied and improved in common, with full liberty to graze, feed, cut rock…
1Opinion of the Court
The opinion of the Court was drawn up by
May, J.
Trespass quare clausum against the defendant, an inhabitant of the town of Yarmouth, for breaking into and en*139tering upon certain flats, or sedge banks, situate in said town of Yarmouth, and cutting the grass growing thereon. The alleged act of trespass is admitted, but the defendant justifies it as the servant of said town of Yarmouth, and as an inhabitant thereof, and also as having been an inhabitant of the town of North Yarmouth, before, and at the time when that part of it on which he now lives, was incorporated into the town of Yarmouth.
The…
2Cases cited1 opinion
- Inhabitants of Windham v. Inhabitants of PortlandMassachusetts Supreme Judicial Court · 1808
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- Mayor of Valverde v. ShattuckSupreme Court of Colorado · 1893
- School District of Oakland v. School District of JoplinSupreme Court of Missouri · 1937
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