Cilley v. Limerock Railroad
Supreme Judicial Court of Maine
On exceptions by defendant. Action of trespass quare clausum alleging damages in the sum of $1000. Plea, the general issue. On motion therefor, the plaintiff was permitted to amend his declaration by substituting the word "southerly” for the word "westerly” in the beginning of the description of the plaintiff’s close, and the defendant excepted. The case is stated in the opinion.
1Opinion of the CourtSavage, J.
This is an action of trespass quare clausum. In the original declaration the plaintiff’s close was described as "beginning at the westerly corner of a piece of limerock quarry owned by Harris Farrand or by Harris Farrand and another person unknown,” thence proceeding by courses and distances around a tract of land "to the bounds first mentioned.” No monument is mentioned except the starting point, that is, "the westerly corner” of the Farrand quarry. Against the objection of the defendant the plaintiff was permitted to amend his declaration by substituting the word "southerly” for the word…
2Cited by3 opinions
- Milliken v. BuswellSupreme Judicial Court of Maine · 1973
- Brown v. McCaffreySupreme Judicial Court of Maine · 1948
- Brewster v. ChurchillSupreme Judicial Court of Maine · 1952