Walker v. Simpson
Supreme Judicial Court of Maine
On report. Trespass, quare clausum fregit. The question at issue was the location of the dividing line between the lands of the parties. The jury rendered a general verdict for the defendant, and a special verdict fixing the dividing line.
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On report. Trespass, quare clausum fregit. The question at issue was the location of the dividing line between the lands of the parties. The jury rendered a general verdict for the defendant, and a special verdict fixing the dividing line. The case was then reported to the law court with the agreement, that, if the award of the referees, which was put into the case and is referred to in the opinion, was conclusive against the defendant, judgment should be entered for the plaintiff for five dollars damages ; otherwise, judgment on the verdicts, unless the law court should consider the…
1Opinion of the CourtDanforth, J.
The first question presented in this case is. whether "the award of Garland and Clifford, referees, under the submission and evidence, is conclusive against the defendant.”' The only objection made to it is that the referees exceeded the' authority given them in the submission, and it is claimed that this appears not only upon the face of the papers, but also by the testimony bearing upon that point.
The agreement of submission provides that the parties, "in order to have the line established between the land of said Simpson and said Paul, refer the running of said line between them to David…
2Cases cited1 opinion
- Gaylord v. NortonMassachusetts Supreme Judicial Court · 1881