Legal Opinion

Whitmore v. Gilley

Supreme Judicial Court of Maine

Decided October 25, 1906PublishedCited by 30 opinions

In Equity. In equity. On appeal by plaintiff. Bill dismissed. Bill in equity alleging that a certain wharf and buildings thereon encroach upon the plaintiff’s premises, that said wharf is a nuisance, &c., and praying that the defendants be perpetually enjoined from maintaining so much of said wharf and buildings as encroach upon the plaintiff’s premises, that so much of said wharf and buildings as encroach upon the plaintiff’s premises be declared a nuisance, and that the…

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In Equity. In equity. On appeal by plaintiff. Bill dismissed. Bill in equity alleging that a certain wharf and buildings thereon encroach upon the plaintiff’s premises, that said wharf is a nuisance, &c., and praying that the defendants be perpetually enjoined from maintaining so much of said wharf and buildings as encroach upon the plaintiff’s premises, that so much of said wharf and buildings as encroach upon the plaintiff’s premises be declared a nuisance, and that the defendants be perpetually restrained from enlarging said wharf and buildings, etc. The plaintiffs bill, omitting the…

1Opinion of the CourtEmery, J.

Erom the bill; answer and evidence we find the following facts: On the south side of Mt. Desert Island is a small cove of tide water called “ Gil patrick’s Cove.” The defendants have a warranty deed of a lot of upland on this cove at its head or extreme northern end, and also of so much of the shore or flats of the cove as is included within the extension of the side lines of their upland across the shore or flats so as to include the structures hereinafter described. The plaintiff owns a lot of upland bordering on the cove next south-west of the defendants’ upland, but, so far as appears in…

2Cases cited3 opinions

  1. First National Bank v. TysonSupreme Court of Alabama · 1901
  2. Village of St. Johns v. McFarlanMichigan Supreme Court · 1875
  3. Wheeler v. BedfordSupreme Court of Connecticut · 1886

3Cited by30 opinions

  1. Crossman v. City of GalvestonTexas Supreme Court · 1923
  2. Burgess v. M/V TamanoDistrict Court, D. Maine · 1973
  3. Frost v. LuceySupreme Judicial Court of Maine · 1967
  4. Charlton v. Town of OxfordSupreme Judicial Court of Maine · 2001
  5. Badger v. HillSupreme Judicial Court of Maine · 1979

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