Goodwin v. Hubbard
Supreme Judicial Court of Maine
This was an action of trespass, for cutting and carrying away certain pine trees. At the September term, the case was referred to Philip Eastman; and at April term, 1859, after hearing the parties, he awarded that the plaintiff recover $22, damages and costs, unless the Court should decide, on the following facts, that he cannot maintain his action, in which event the defendants were to recover costs: — “ On the 28th of October, 1834, the plaintiff and Ephraim Flint, being…
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This was an action of trespass, for cutting and carrying away certain pine trees. At the September term, the case was referred to Philip Eastman; and at April term, 1859, after hearing the parties, he awarded that the plaintiff recover $22, damages and costs, unless the Court should decide, on the following facts, that he cannot maintain his action, in which event the defendants were to recover costs: — “ On the 28th of October, 1834, the plaintiff and Ephraim Flint, being owners of the lot upon which the trespass is alleged, which is called the ‘home lot,’ conveyed it to John Abbott, the…
1Opinion of the Court
The opinion of the Court was drawn up by
Tenney, O. J.
The referee made an alternative award. Judgment is to be entered thereon, according to the construction which the Court give to the reservation in the deed from the plaintiff to John Abbott, under whom the defendants claim title in the land, on which the trees in question were standing. The facts are to be treated as conclusively settled, and the law applicable thereto finally determined, excepting so far as it is presented in the referee’s report.
The reservation is in these words: — “Excepting and reserving the pine trees and the pine…
2Cited by5 opinions
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