Cilley v. Childs
Supreme Judicial Court of Maine
On report of facts agreed. The first of these actions is a writ of entry to recover about thirty acres of land on Merchants’ Island situated in Deer Island Thoroughfare. The second action is a bill in equity to restrain the plaintiff in the first action from prosecuting the same and to reform the the deed under which the defendant in that action claims title to-the locus. The material facts are fully stated in the opinion. The deed from Monteith to Childs conveyed nothing.
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On report of facts agreed. The first of these actions is a writ of entry to recover about thirty acres of land on Merchants’ Island situated in Deer Island Thoroughfare. The second action is a bill in equity to restrain the plaintiff in the first action from prosecuting the same and to reform the the deed under which the defendant in that action claims title to-the locus. The material facts are fully stated in the opinion. The deed from Monteith to Childs conveyed nothing. It is impossible to ascertain the intention of the parties from the deed, and it fails. 3 Wash. E. P. (3d ed.) 344. In…
1Opinion of the CourtBarrows, J.
These cases are reported together, this court to make such disposition of both, as shall be found proper upon the admitted facts.
The first is an action at law, to recover possession of a parcel of land containing about thirty acres, and constituting the northerly and north westerly part of an island called Merchants’ *132Island, situated in Deer Isle Thoroughfare. It was conveyed by one Matthews, by deed dated November 21,1865, duly recorded, to one Monteith, and was therein described as "beginning at the head of the cove on the northeast side of the island, thence west northerly by land of…
2Cases cited7 opinions
- Worthington v. HylyerMassachusetts Supreme Judicial Court · 1808
- Jackson ex dem. Rogers v. ClarkNew York Supreme Court · 1810
- Bybee v. HagemanIllinois Supreme Court · 1873
- Kronenberger v. HoffnerSupreme Court of Missouri · 1869
- Billings v. Kankakee Coal Co.Illinois Supreme Court · 1873
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