Esty v. Baker
Supreme Judicial Court of Maine
Trespass .guare clausum. Plea general issue, with brief statement. It appeared that the plaintiff occupied a carding mill and privilege in Houlton, under a lease for twenty years, from J. S. and A. R. Putnam, to S. Houlton, dated March 15, 1841, assigned to the plaintiff by deed of S. Houlton in 1851, adjoining said Putnam’s gristmill, with "the privilege of making a road at the south end of said gristmill, not obstructing the privilege of water to said gristmill.”
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Trespass .guare clausum. Plea general issue, with brief statement. It appeared that the plaintiff occupied a carding mill and privilege in Houlton, under a lease for twenty years, from J. S. and A. R. Putnam, to S. Houlton, dated March 15, 1841, assigned to the plaintiff by deed of S. Houlton in 1851, adjoining said Putnam’s gristmill, with "the privilege of making a road at the south end of said gristmill, not obstructing the privilege of water to said gristmill.” The plaintiff also claimed the premises under a deed from said Putnams to Rufus Mansur, dated April 29, 1844, and intervening…
1Opinion of the Court
The opinion of the Court was drawn up by
Davis, J.
This case has been presented to the Court before, (48 Maine, 495,) upon a report of the evidence differing in many respects from that now reported. It was then ordered to be tried by a jury; and, upon that trial, new questions of law were raised. The verdict being for the defendant, the plaintiff now presents the case again, upon exceptions and a motion for a new trial.
The plaintiff owned a mill and privilege on the Meduxnekeag stream, in Houlton; and he occupied a passage way and platform adjacent thereto. ■ He derived his title to the…
2Cited by7 opinions
- McLeran v. BentonCalifornia Supreme Court · 1887
- Kinney v. Central Maine Power Co.Supreme Judicial Court of Maine · 1979
- Isabella Gold Mining Co. v. GlennSupreme Court of Colorado · 1906
- Bacon v. LeslieSupreme Court of Kansas · 1893
- German State Bank v. HerronSupreme Court of Iowa · 1900
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