Proctor v. Libby
Supreme Judicial Court of Maine
On motion by plaintiff. This is an action of trespass quare clausum against Fred E. Libby and Sarah A. Libby for wilfully breaking and entering the plaintiff’s close, described as a certain lot of land with buildings thereon, situated on the northerly side of Free street in Portland, and erecting a wall and a portion of a brick building on said premises, etc.
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On motion by plaintiff. This is an action of trespass quare clausum against Fred E. Libby and Sarah A. Libby for wilfully breaking and entering the plaintiff’s close, described as a certain lot of land with buildings thereon, situated on the northerly side of Free street in Portland, and erecting a wall and a portion of a brick building on said premises, etc. Plea, general issue and brief statement as follows: And for a brief statement of special matter of defense to be used under the general issue pleaded, the said defendants further say; that the defendants deny that the plaintiff at the…
1Opinion of the CourtCornish, J.
This is an action of trespass quare clausum, the tract in question being a triangular lot about five feet wide at the base with side lines about twenty-seven feet long, situated between Free street and Congress street in the city of Portland and in rear of Congress street stores. The jury having found for the defendants, the case is before the Law Court on plaintiff’s motion for a new trial.
The parties are adjoining owners and the issue is the true line between their respective lots.
So far as the record title goes, the deeds introduced by the plaintiff, beginning in 1886, and those 'by the…
2Cases cited3 opinions
- Hathaway v. EvansMassachusetts Supreme Judicial Court · 1871
- Dow v. Irasburgh National BankSupreme Court of Vermont · 1877
- Davis v. JudgeSupreme Court of Vermont · 1874
3Cited by5 opinions
- Milliken v. BuswellSupreme Judicial Court of Maine · 1973
- Calthorpe v. AbrahamsonSupreme Judicial Court of Maine · 1982
- Bemis v. BradleySupreme Judicial Court of Maine · 1927
- Hibbard v. ROBERT G. FROMKIN WOOLEN CORPORATIONSupreme Judicial Court of Maine · 1960
- John M. Carter v. Michael A. VoncannonSupreme Judicial Court of Maine · 2024