Wentworth v. Blanchard
Supreme Judicial Court of Maine
On Exceptions from Nisi Prius, Howard, J., presiding. Trespass quare clausum, for cutting and carrying away timber from Township No. 3, Range 3, in the county of Franklin.
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On Exceptions from Nisi Prius, Howard, J., presiding. Trespass quare clausum, for cutting and carrying away timber from Township No. 3, Range 3, in the county of Franklin. The defendants pleaded the general issue, and filed brief statements alleging:— 1. That the title to the premises, at the time of the alleged trespass, was in parties other than the plaintiffs: — 2. That the title was in the heirs of one Rufus Davenport; 3. That the title was in the heirs of Rufus Davenport, and that the defendants acted under license of said heirs. The cutting of the timber was admitted. In the progress of…
1Opinion of the CourtRice, J.
— The plaintiffs claim title to the locus in quo, by deed from "William C. Whitney, sheriff of Oxford county, to John Davis, dated July 20, 1829, and through mesne conveyances from Davis to themselves; and also by deed from Samuel Cony, land agent, to George Pierce and Benjamin Goodrich, dated April 30, 1849, and a deed from said Pierce and Goodrich to the°mselves, dated August 23, 1849, and recorded October 11, 1849. Both these titles originated from sales for non-payment of taxes assessed upon the premises.
The cutting charged in the plaintiffs’ writ is admitted by the defendants, who claim…
2Cited by1 opinion
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