Ricker v. Barry
Supreme Judicial Court of Maine
On Report from Nisi Prius, Tenney, J. presiding. The first and second actions are writs of entry. The third is for obstructing a passage way. The cases will be better understood by referring to the diagram. The tenants occupy and claim the lot lying within the lines A, C, and D, Mr. Barry having a deed of the East part, and Mrs. Barry having a deed of the West part. Their title is derived from Rufus Dwinel.
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On Report from Nisi Prius, Tenney, J. presiding. The first and second actions are writs of entry. The third is for obstructing a passage way. The cases will be better understood by referring to the diagram. The tenants occupy and claim the lot lying within the lines A, C, and D, Mr. Barry having a deed of the East part, and Mrs. Barry having a deed of the West part. Their title is derived from Rufus Dwinel. Dwinel’s title was by a deed from Philip Coombs, “ beginning on York street adjoining land of Mrs. Greeley; thence running by York street about fifty-five feet to a way of twelve feet laid…
1Opinion of the Court
The Opinion of the Court, Shepley, C. J., Wells, Rice, and Hathaway, J. J., was drawn up by
Shepley, C. J.
The title upon which the demandant rests for a recovery in the two first named actions, is derived from Philip Coombs, by the levy of an execution against him, in favor of Henry Warren, made on July 4, 1842.
The land was described in the return of the officer as bounded Westerly on land of Allen Gilman, Northerly on land occupied by Jonathan Young, Easterly eighty-four feet on land owned or occupied by Mark Little, and Southerly by land of Rufus Dwinel.
The testimony proves, that Little did…
2Cases cited3 opinions
- Davis v. RainsfordMassachusetts Supreme Judicial Court · 1821
- Brandt ex dem. Walton v. OgdenNew York Supreme Court · 1806
- Crosby v. ParkerMassachusetts Supreme Judicial Court · 1808
3Cited by1 opinion
- Mohney v. CookSupreme Court of Pennsylvania · 1855