Legal Opinion

Proctor v. Maine Central Railroad

Supreme Judicial Court of Maine

Decided July 1, 1902PublishedCited by 6 opinions

On report. Real action to recover two parcels of tide lands or Hats in Portland. The plea was the general issue of mil disseizin. After both parties had introduced their evidence relative to the record title of each to the lots described in demandant’s declaration, the case, by agreement of parties, was withdrawn from the jury and reported.

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On report. Real action to recover two parcels of tide lands or Hats in Portland. The plea was the general issue of mil disseizin. After both parties had introduced their evidence relative to the record title of each to the lots described in demandant’s declaration, the case, by agreement of parties, was withdrawn from the jury and reported. By the terms of the report the court was to decide the question as to which of the parties has the better record title to the demanded lots. If the court should decide that question in favor of the defendant, judgment for defendant to follow; if in favor…

1Opinion of the CourtSavage, J.

Writ of entry for the recovery of two parcels of the flats of Pore River in Portland, formerly Falmouth. The plea is the general issue. The question presented to us by the report is, which of the parties has the better record title. If the tenant, then judgment is to be rendered for the tenant; if the demandant, then the case is to be remanded for trial upon the tenant’s claim of title by adverse possession.

The decision of this question ultimately depends upon the construction to be given to two grants of land made by the town of Falmouth, one January 18, 1721, to Deborah Mills, and one,…

2Cases cited3 opinions

  1. Storer v. FreemanMassachusetts Supreme Judicial Court · 1810
  2. Adams v. FrothinghamMassachusetts Supreme Judicial Court · 1807
  3. Codman v. WinslowMassachusetts Supreme Judicial Court · 1813

3Cited by6 opinions

  1. Bell v. Town of WellsSupreme Judicial Court of Maine · 1986
  2. Fall Creek School Township v. ShumanIndiana Court of Appeals · 1913
  3. Ogunquit Beach District v. PerkinsSupreme Judicial Court of Maine · 1941
  4. Dougherty v. Quality Pacific Homes, Inc.Court of Appeals of Washington · 1971
  5. Harris v. O'ConnorCourt of Appeals of Texas · 1944

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