Tebbetts v. Estes
Supreme Judicial Court of Maine
On Report from Nisi Prius, Walton, J., presiding. Writ of Entry. The plaintiffs demanded three-fourths of an acre of land bounded on the north by the "county road leading from Little River Village, in Lisbon, to Topsham, &c.; on the east by "Little River;” on the south by Androscoggin River; and on the west by A B’s land, &c.
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On Report from Nisi Prius, Walton, J., presiding. Writ of Entry. The plaintiffs demanded three-fourths of an acre of land bounded on the north by the "county road leading from Little River Village, in Lisbon, to Topsham, &c.; on the east by "Little River;” on the south by Androscoggin River; and on the west by A B’s land, &c. (Yide dotted lines on diagram.) The defendant disclaimed all of the land demanded excepting nine square rods, — A, B, C, D, as represented on the diagram, — his land being bounded on the south by the "county road leading from Little River,” &c. It was proved that the "…
1Opinion of the Court
The opinion of the Court was drawn by
Davis, J.
The plaintiffs claim title to the premises in controversy, through mesne conveyances, under a deed from Charles Potter and Parsons Smith, executors of the will of Hezekiah Wyman, dated August 9, 1828. Wyman’s title in himself was derived by a partition of the estate of Nathan Wyman, of whom he was one of the heirs, made Dec. 8, 1826. But, it should be noticed here, that if, for any reason, the partition was void, Hezekiah Wyman did not thereby lose his previous title, if he had. any, as tenant in common with the other heirs. Did they have any…
2Cited by3 opinions
- Sargent v. CoolidgeSupreme Judicial Court of Maine · 1979
- Aldrich v. BillingsSupreme Court of Rhode Island · 1883
- Tasker v. CilleySupreme Court of New Hampshire · 1880