Phinney v. Gardner
Supreme Judicial Court of Maine
On report on agreed statement. This is an action of trespass brought for the purpose of determining the title to a lot of land in Machias of about four acres. The inhabitants of the town of Machias for their title relied upon a deed, dated May 1, 1841, describing the lot and concluding with the following sentence: “The same being intended for a burying ground and to be used for no other purpose.”
Read the full summary
On report on agreed statement. This is an action of trespass brought for the purpose of determining the title to a lot of land in Machias of about four acres. The inhabitants of the town of Machias for their title relied upon a deed, dated May 1, 1841, describing the lot and concluding with the following sentence: “The same being intended for a burying ground and to be used for no other purpose.” Plaintiff claimed title by adverse possession, and by abandonment by defendants. By agreement of the parties the case was reported to the Law Court upon an agreed statement of facts. Case is fully…
1Opinion of the CourtCornish, C. J.
This is an action of trespass quare clausum to try title to a four-acre parcel of land in Machias, used as a burying-ground, and is before the Law Court on an agreed statement of facts.
On May 1, 1841, Amos B. Longfellow and Amasa B. Longfellow conveyed this lot by warranty deed to the inhabitants of Machias, describing it by metes and bounds, the description concluding with these words: “the same being intended for a burying ground and *46to be used for no other purpose.” Under this deed the defendants, who were selectmen of Machias, and acting at the time of the alleged trespass under a vote of…
2Cases cited1 opinion
- Barker v. BarrowsMassachusetts Supreme Judicial Court · 1885
3Cited by10 opinions
- Stickney v. City of SacoSupreme Judicial Court of Maine · 2001
- Lord v. Society for the Preservation of New England Antiquities, Inc.Supreme Judicial Court of Maine · 1994
- Forest Home Cemetery Ass'n v. Dardanella Financial Corp.South Dakota Supreme Court · 1983
- Loavenbruck v. RohrbachSupreme Judicial Court of Maine · 2002
- Flower v. Town of PhippsburgSupreme Judicial Court of Maine · 1994
5 more not listed; retrieve them via the Exa API.