Legal Opinion

Hill v. Lord

Supreme Judicial Court of Maine

Decided July 1, 1861PublishedCited by 26 opinions

On Report of the evidence by Rice, J. Trespass quare clausum,, to recover damages for breaking and entering the plaintiff’s close in Kennebunkport, called Vaughan’s Island, and carrying away seaweed, &c. Plea the general issue, with a brief statement setting forth various grounds of defence, which will be found enumerated in the opinion of the Court.

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On Report of the evidence by Rice, J. Trespass quare clausum,, to recover damages for breaking and entering the plaintiff’s close in Kennebunkport, called Vaughan’s Island, and carrying away seaweed, &c. Plea the general issue, with a brief statement setting forth various grounds of defence, which will be found enumerated in the opinion of the Court. The plaintiff introduced a grant from Charles I, King of England, to Eerdinando Gorges, dated in 1640; a deed from E. Gorges to Thomas Gorges, dated July 18, 1643; and various subsequent deeds, wills and other documents, tending to show title to…

1Opinion of the Court

The opinion of the Court was drawn up by

Davis, J.

This is an action of trespass quare clausam, to recover the value of a quantity of seaweed taken by the defendant from the shore of Yaughan’s Island, in the town of Kennebunkport. The defendant admits the taking, and justifies under several pleas, which will be separately considered.

1. The first plea alleges that, at the time of the taking, the title to Yaughan’s Island was in the town of Kennebunkport, and not in the plaintiff; and that the defendant, as one of the inhabitants, entered thereon and took the seaweed by the permission of the town.

2Cases cited1 opinion

  1. Curson v. MonteiroNew York Supreme Court · 1807

3Cited by26 opinions

  1. Portland Valve, Inc. v. Rockwood Systems Corp.Supreme Judicial Court of Maine · 1983
  2. Bingham v. SaleneOregon Supreme Court · 1887
  3. Town of Paden City v. FeltonWest Virginia Supreme Court · 1951
  4. Woodside v. CiceroniCourt of Appeals for the Ninth Circuit · 1899
  5. Painter v. Pasadena Land & Water Co.California Supreme Court · 1891

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