Hooper v. Cummings
Supreme Judicial Court of Maine
Trespass, quare clausum, commenced July 25, 1856. Plea, general issue, with a brief statement, the substantial matter of which is: — That, on the 6th day of April, 1803, Jonathan Cummings, the defendant’s father, being lawfully seized in fee of the close described in the plaintiff’s writ, in consideration of ten dollars, conveyed the same to Nathan Wood-bury, and four other persons named, all of Paris, being a committee appointed to build a meeting-house in said town, and to…
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Trespass, quare clausum, commenced July 25, 1856. Plea, general issue, with a brief statement, the substantial matter of which is: — That, on the 6th day of April, 1803, Jonathan Cummings, the defendant’s father, being lawfully seized in fee of the close described in the plaintiff’s writ, in consideration of ten dollars, conveyed the same to Nathan Wood-bury, and four other persons named, all of Paris, being a committee appointed to build a meeting-house in said town, and to the proprietors of said house, their heirs and assigns, “provided the said committee and proprietors would fence said…
1Opinion of the Court
The opinion of the Court was drawn up by
Cutting, J.
It appears from the report of the evidence in this case, that on April 6, 1803, Jonathan Cummings conveyed to Nathan Woodbury and others, all of Paris, “ a committee appointed to build a meeting-house in said town,” four acres and seven rods of land situated on Paris Hill — that, in the deed succeeding the covenants, were these word, “ providing the said committee and proprietors fence the said land and keep the same in repair” — that, during the same year, the meeting-house was built — that the land was fenced, except on the highway, and the…
2Cases cited2 opinions
- Bleecker v. SmithNew York Supreme Court · 1835
- Jackson ex dem. Blanchard v. AllenNew York Supreme Court · 1824
3Cited by23 opinions
- Ruch v. Rock IslandSupreme Court of the United States · 1878
- St. Joseph & St. Louis Railroad v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1896
- Wagner V. Wallowa CountyOregon Supreme Court · 1915
- Brittain v. . TaylorSupreme Court of North Carolina · 1915
- Halpin v. Rural Agricultural School District No. 9Michigan Supreme Court · 1923
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