Thurston v. McMillan
Supreme Judicial Court of Maine
On report. Action of trespass quare clausum fregit wherein it was alleged that the defendant with force and arms broke and entered the plaintiff’s close in Rumford, "and then and there cut down and peeled fifty cords of soft wood or pulp wood then and there growing, of great value, to wit, the value of two hundred and fifty dollars,” etc.
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On report. Action of trespass quare clausum fregit wherein it was alleged that the defendant with force and arms broke and entered the plaintiff’s close in Rumford, "and then and there cut down and peeled fifty cords of soft wood or pulp wood then and there growing, of great value, to wit, the value of two hundred and fifty dollars,” etc. Plea, the general issue, with brief statement that the "defendant claims to justify under Lucinda E. Bean and Martha E. Bartlett, who claimed title to the lot described in the plaintiff’s writ.” At the conclusion of the evidence the case was reported to the…
1Opinion of the CourtSavage, J.
Trespass quare clausum. To maintain the action, the plaintiff must show that he had either actual or constructive possession of the premises at the time of the acts of alleged trespass. So, if he claims under a quitclaim deed, he must show that his grantor had possession at the time of the execution of the deed, either actual or constructive, or that he himself has since entered and become possessed of the premises. Marr v. Boothby, 19 Maine, 150. If he had the legal title, in the absence of proof of actual adverse possession by someone else, the law implies that he had a constructive…
2Cited by3 opinions
- Bray v. SpencerSupreme Judicial Court of Maine · 1951
- McCausland v. YorkSupreme Judicial Court of Maine · 1934
- Newport Yacht Club, Inc. v. DeomataresSupreme Court of Rhode Island · 1961