Day v. Philbrook
Supreme Judicial Court of Maine
On Report. This was a real action brought to recover a certain lot or parcel of • land situate in Brunswick, Cumberland County, bounded and described as follows: — beginning on the easterly side of the road leading from Brown’s Corner to Freeport, at the corner of the Philbrook road so-called; thence south thirty-two and one-half degrees east, seventy-one rods and ten links by said road to the land of Horace Philbrook; thence south forty-five degrees west thirty-seven rods…
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On Report. This was a real action brought to recover a certain lot or parcel of • land situate in Brunswick, Cumberland County, bounded and described as follows: — beginning on the easterly side of the road leading from Brown’s Corner to Freeport, at the corner of the Philbrook road so-called; thence south thirty-two and one-half degrees east, seventy-one rods and ten links by said road to the land of Horace Philbrook; thence south forty-five degrees west thirty-seven rods by said Philbrook’s land to stake and stones; thence north forty-five degrees west seventy-one rods' by land sold to…
1Opinion of the CourtHaskell, J.
Writ of entry to recover land. Plea, nul disseisin. The case come’s up on report. The burden is upon the plaintiff to show a legal title.
I. The plaintiff contends that she acquired such title under a lost deed.
No person has ever seen such a deed. There is not a scintilla of evidence of -the execution of such a deed. The only evidence is the admission of the defendant.. He is said to have made inquiries about such a deed. There was a dispute about the *468ownership of land within the limits of a discontinued road. The defendant was the grantee of a mortgagor. The mortgage debt seems to have been…
2Cited by5 opinions
- Sargent v. CoolidgeSupreme Judicial Court of Maine · 1979
- Hann v. MerrillSupreme Judicial Court of Maine · 1973
- Blance v. AlleySupreme Judicial Court of Maine · 1975
- Maddock v. ConnollyNew Jersey Court of Chancery · 1913
- Hann v. MerrillSupreme Judicial Court of Maine · 1973