Beal v. Gordon
Supreme Judicial Court of Maine
On Report. Trespass quare clausum. Writ dated Aug. 26, 1865. The remaining facts are sufficiently stated in the opinion. The Court with jury powers to render such judgment as the legal rights of the parties require, No sufficient proof that the mutilated instrument lost was a deed. Kimball v. Merrill, 4 Maine, 368; Emery v. Final, 26 Maine, 295; Dunlap v. Glidden, 31 Maine, 510. Deed from Walton to Fellows is certain and definite, and does not embrace the locus in quo.
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On Report. Trespass quare clausum. Writ dated Aug. 26, 1865. The remaining facts are sufficiently stated in the opinion. The Court with jury powers to render such judgment as the legal rights of the parties require, No sufficient proof that the mutilated instrument lost was a deed. Kimball v. Merrill, 4 Maine, 368; Emery v. Final, 26 Maine, 295; Dunlap v. Glidden, 31 Maine, 510. Deed from Walton to Fellows is certain and definite, and does not embrace the locus in quo. It cannot be explained by parol proof. Linscott v. Eernald, 5 Maine, 496; Lincoln v. Avery, 10 Maine, 418. Plaintiff’s…
1Opinion of the CourtBarrows, J.
The action is trespass quare clausum, and the locus, a piece of meadow land containing from three to five acres, being the easterly end of lot No. 18, according to Adams’ plan of the Linscott purchase, in the town of Chesterville. The defendants justify under the inhabitants of Chesterville, who claim title to the premises. It is conceded that Joseph French owned the land in 1831, and conveyed this lot No. 18, with other lands, Dec. 3d, by deed of warranty recorded Dec. 16, 1831, to Ivory Littlefield and Timothy Merryman, under whom both parties claim. The plaintiff presents a quitclaim deed,…
2Cited by1 opinion
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