Farnsworth v. Macreadie
Supreme Judicial Court of Maine
Action of trespass quare clausum. Defendant filed plea of general issue. At conclusion of testimony, case was reported to the Law Court upon so much of the evidence as legally admissible, the Law Court to render such judgment as the rights of the parties require. Case stated in opinion.
1Opinion of the CourtSavage, C. J.
Trespass quare clausum. The defendants were, at the time of the alleged trespass, the selectmen of the town of Cape Elizabeth. The trespass complained of consisted in removing a fence which the plaintiff had erected in Ottawa Park in Cape Elizabeth. The defendants seek to justify on the ground that the fence was an obstruction in Sea View avenue, a public way. The plaintiff contends that the land where the fence was, was not within the avenue, but was his private property. This statement presents the issue. The case comes before this court on" report.
The title of the plaintiff is not directly…
2Cited by4 opinions
- Vachon v. Inhabitants of the Town of LisbonSupreme Judicial Court of Maine · 1972
- Shaw v. McKenzieSupreme Judicial Court of Maine · 1932
- Bradstreet v. BradstreetSupreme Judicial Court of Maine · 1962
- Clifford L. Swan Co. v. DeanSupreme Judicial Court of Maine · 1955