Ricker v. Hibbard
Supreme Judicial Court of Maine
On report. Writ of entry to recover certain premises on Park street in Lewiston. The writ was dated April 5, 1880. The plea was nul disseizen, with a brief statement setting up title by possession. The material facts are stated in the opinion.
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On report. Writ of entry to recover certain premises on Park street in Lewiston. The writ was dated April 5, 1880. The plea was nul disseizen, with a brief statement setting up title by possession. The material facts are stated in the opinion. An entry by one man on the land of another, is an ouster of the legal possession arising from title, or not, according to the intention with which it was done;......in legal language, the intention guides the entry and fixes its character. Firing v. Burnet, 11 Pet. 41. It might well be asked here, how a man can be said to intend that which he does by…
1Opinion of the CourtDaneorth, J.
By the testimony as reported in this case, the plaintiffs make a good paper title to the land in dispute. The defendant claims by disseizin. It is admitted that he has all the interest of his wife, who claimed under a deed from Samuel S. Starbird. Starbird took possession in 1858, under a deed from the Franklin company, the original owners. It now appears that the deed from the Franklin company does not cover the premises in question, but an adjoining lot. It is therefore claimed that Starbird’s possession was under a mistake, and was not adverse to the title of the true owner; and for that…
2Cited by8 opinions
- Glidden v. BeldenSupreme Judicial Court of Maine · 1996
- Winn v. AbelesSupreme Court of Kansas · 1886
- Mannillo v. GorskiSupreme Court of New Jersey · 1969
- Wilson v. HunterSupreme Court of Arkansas · 1894
- Rude v. MarshallMontana Supreme Court · 1917
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