Tilton v. Hunter
Supreme Judicial Court of Maine
Trespass quare clausum. The plainiiff, as part of his evidence, introduced the deed of Thomas M’Clure, On the argument of the case, it was contended as matter of fact, that this deed did not include the land whereon the trespass was committed, and that therefore the instructions of the Judge at the trial respecting the effect of that deed were erroneous. A plan was referred to, but was not among the papers of the case. The facts are stated in the opinion of the Court.
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Trespass quare clausum. The plainiiff, as part of his evidence, introduced the deed of Thomas M’Clure, On the argument of the case, it was contended as matter of fact, that this deed did not include the land whereon the trespass was committed, and that therefore the instructions of the Judge at the trial respecting the effect of that deed were erroneous. A plan was referred to, but was not among the papers of the case. The facts are stated in the opinion of the Court. The lop and top fence appeared to have been made by felling trees in such manner, that the top of one should be upon the lower…
1Opinion of the Court
The opinion of the Court was drawn up by
Whitman C. J.
This is an action guare clausum. The acts set forth as constituting the trespass are not denied. Each *31party claims to be the owner in fee of the locus in quo. The plaintiff' deduces his title thereto through sundry mesne conveyances, the first of which was made in 181J ; and these conveyances embrace the premises, without question ; and make out a perfect title in the plaintiff, unless controlled by that set up on the part of the defendants.
The defendants claim, first, under a deed of quitclaim, made to their father, whose heirs they are,…
2Cited by3 opinions
- Edwards v. McKernanMichigan Supreme Court · 1885
- Roberts v. RichardsSupreme Judicial Court of Maine · 1891
- Losey v. SimpsonNew Jersey Court of Chancery · 1856