Herrick v. Hopkins
Supreme Judicial Court of Maine
Writ of entry. At the trial, before Tenney J. after the evidence was before the jury, a nonsuit was ordered, by consent of parties, on the ground, that by the true construction of the deed, Hamlin to Sheppard, the premises in controversy belonged to the tenants. If that construction was erroneous, the nonsuit was to be set aside, and the action stand for trial. The material parts of the deeds are given in the opinion of the Court.
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Writ of entry. At the trial, before Tenney J. after the evidence was before the jury, a nonsuit was ordered, by consent of parties, on the ground, that by the true construction of the deed, Hamlin to Sheppard, the premises in controversy belonged to the tenants. If that construction was erroneous, the nonsuit was to be set aside, and the action stand for trial. The material parts of the deeds are given in the opinion of the Court. A plan was exhibited, and remarks made in reference to it at the argument, but none appears with the papers. and in support of his views, cited 11 Pick. 193; Sheph.…
1Opinion of the Court
The opinion of the Court was drawn up by
Tenney J.
The land in controversy is a small portion of lot No. 17, as surveyed by E. Ballard in 1796, in the town of Hampden, conveyed by the Commonwealth of Massachusetts *218to Perez Hamlin. Hamlin conveyed to John Sheppard, (under whom, through several mesne conveyances the defendants claim,) a parcel thereof by deed dated April 3, 1797, and is described as follows.— “ Begining at a cedar stake with stones about it, thence running South 43° West, 17 rods to a cedar stake with stones about it, thence South 56° East, 15 rods to a cedar stake at the bank of…
2Cited by11 opinions
- Kinney v. Central Maine Power Co.Supreme Judicial Court of Maine · 1979
- McGeechan v. SherwoodSupreme Judicial Court of Maine · 2000
- Moran v. LezotteMichigan Supreme Court · 1884
- Chattahoochie & Gulf Railway Co. v. PilcherSupreme Court of Alabama · 1909
- Driscoll v. GreenSupreme Court of New Hampshire · 1879
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