Inhabitants of the First Parish in Winthrop v. Inhabitants of Winthrop
Supreme Judicial Court of Maine
ASSUMPSIT for money had and received. In support of the action the plaintiffs read a deed from the Proprietors of the Kennehec purchase, dated July 9, 1777, by which they granted a certain lot of land in Winthrop to the town of Winthrop, for the use of the ministry in said town forever.
Read the full summary
ASSUMPSIT for money had and received. In support of the action the plaintiffs read a deed from the Proprietors of the Kennehec purchase, dated July 9, 1777, by which they granted a certain lot of land in Winthrop to the town of Winthrop, for the use of the ministry in said town forever. They also read the statute of Massachusetts 1790, cap. 46, incorporating a part of Winthrop into a new town by the name of Readfield, and enacting that the new town should receive its proportionable part of all public lands, and of all other public property whatever, which belonged to the town of Winthrop at…
1Opinion of the Court
Weston J.
delivered the opinion of the Court as follows.
It is first objected in this action that the grant of the lot of land from the proprietors of the Kennebec purchase July 9, 1777 having been made to the town of Winthrop in trust for the use of the ministry, the legislature could not, without violating the rights of that town, permit the town of Readfield to enjoy a portion of it, by the act oí March 11, 1791 incorporating the latter town, which before constituted a part of Winthrop.
It is generally true that upon the division of towns, the rights, duties and obligations appertaining to,…
2Cases cited5 opinions
- Brown v. PorterMassachusetts Supreme Judicial Court · 1813
- Minot v. CurtisMassachusetts Supreme Judicial Court · 1811
- Inhabitants of the First Parish v. DunningMassachusetts Supreme Judicial Court · 1811
- Weston v. HuntMassachusetts Supreme Judicial Court · 1807
- Inhabitants of the First Parish in Sutton v. ColeMassachusetts Supreme Judicial Court · 1811