Jewett v. Hussey
Supreme Judicial Court of Maine
On report. Writ of entry dated February 6, 1878. Plea nul disseizin with brief statement. 1. The defendant- says that plaintiff, never at any time had title to or was seized of the demanded premises, but that the same were during the times mentioned in plaintiff’s writ, ever since, and still are owned by one William Gould, or by his heirs. 2. That if the title was not in said Gould or his heirs as above stated, it was and is in defendant subject to the right of plaintiff to…
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On report. Writ of entry dated February 6, 1878. Plea nul disseizin with brief statement. 1. The defendant- says that plaintiff, never at any time had title to or was seized of the demanded premises, but that the same were during the times mentioned in plaintiff’s writ, ever since, and still are owned by one William Gould, or by his heirs. 2. That if the title was not in said Gould or his heirs as above stated, it was and is in defendant subject to the right of plaintiff to the use of a certain spring on the premises. The questions presented are stated in the opinion.
1Opinion of the CourtPeters, J.
The question presented is this : Are calls in a deed thus, “thence by the road to Peter Staples’ laud, thence southerly by said Staples’ land to J. Weymouth’s land,” answered by running on the road to Peter Staples’ land, thence running southerly fiveandahalf rods, thence westerly eleven rods, and thence at right angles southerly one hundred and fifty rods to Weymouth’s land, if such is the correct description of the divisional line (or lines) between the land of the grantor and the land owned by Peter Staples. We have no doubt of it.
The second line would not be a continuous southerly-going…
2Cases cited1 opinion
- Ripley v. BatesMassachusetts Supreme Judicial Court · 1872
3Cited by9 opinions
- McDonnell v. HuffineMontana Supreme Court · 1912
- Sargent v. CoolidgeSupreme Judicial Court of Maine · 1979
- Gyra v. WindlerSupreme Court of Colorado · 1907
- Holm v. DavisUtah Supreme Court · 1912
- Pace v. CarterSupreme Judicial Court of Maine · 1978
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