City of Portland v. Terwilliger

This is an action of ejectment, commenced by the city of Portland to recover a tract of land within the corporate limits of said city, containing about five acres, and known *466as the “Old City Cemetery.” A trial in the Circuit Court resulted in a verdict and judgment for the defendant, from which the plaintiff has appealed. Numerous exceptions were taken upon the trial, and the same have been argued on this appeal. Such of them as appear to require it, I will now proceed to examine.

The plaintiff to prove title introduced in evidence a deed dated February 26, 1855, from -Tames Terwilliger and…