Inhabitants of School-District No. Four v. Benson
Supreme Judicial Court of Maine
Writ or entry. There was evidence tending to prove that the land formerly belonged to the ancestor of the defendants ; and that the plaintiffs had occupied a portion, or the whole of it for more than forty years, for a school-house, woodshed and woodyard. It was proved, that a wooden school-house was erected there by the plaintiffs in 1802; it was taken dowrjL and a brick school-house was built in 1818 on the lot, near* the site of the wooden one.
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Writ or entry. There was evidence tending to prove that the land formerly belonged to the ancestor of the defendants ; and that the plaintiffs had occupied a portion, or the whole of it for more than forty years, for a school-house, woodshed and woodyard. It was proved, that a wooden school-house was erected there by the plaintiffs in 1802; it was taken dowrjL and a brick school-house was built in 1818 on the lot, near* the site of the wooden one. A woodshed was placed near the brick school-house in 1824. In 1847, one Samuel Wood was the school agent. He was called Tw the defendants as a…
1Opinion of the CourtWells, J.
The jury were instructed, that if, in 1847, the-agent of the school-district, at the request of the defendants, removed said woodhouse where it now is, intending to relinquish and give up the land, and the district had subsequently ratified his acts by their conduct or otherwise, of which they were the judges, then such abandonment, notwithstanding the district might before that time have had an open, adverse, exclusive and notorious possession of the land, or some part of it, for more than twenty years, would operate an abandonment of their possession, and a surrender of their claim to the…
2Cases cited1 opinion
- Proprietors of the Kennebeck Purchase v. SpringerMassachusetts Supreme Judicial Court · 1808
3Cited by25 opinions
- Bowen v. PrestonIndiana Supreme Court · 1874
- Rennert v. ShirkIndiana Supreme Court · 1904
- Dyer v. EldridgeIndiana Supreme Court · 1894
- Worthley v. BurbanksIndiana Supreme Court · 1897
- Colquhoun v. WebberSupreme Judicial Court of Maine · 1996
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