Foster v. Foss
Supreme Judicial Court of Maine
On report. Trespass for cutting timber on plaintiffs’ land in La Grange. The case was reported to the law court to determine the true construction of the reservation in defendants’ deed-to plaintiffs, recited in the opinion, the case to be sent " back to be tried upon the principles determined by the court.”
1Opinion of the CourtDanforth, J.
The only question raised in this case is the proper construction of a clause following the description in a deed from the defendants to the plaintiffs which reads as follows : " But reserving for two years all the lumber on the northerly and easterly side of the bog on said lot and meaning to convey all the lumber on the southerly and westerly side of said bog.”
The latter part of this clause relating to the conveyance, is not material except as it may throw light upon the construction of that part making the reservation. All the lumber was conveyed by the deed except that reserved and none…
2Cases cited2 opinions
- Brandt ex dem. Walton v. OgdenNew York Supreme Court · 1806
- Garvin v. DeanMassachusetts Supreme Judicial Court · 1874
3Cited by2 opinions
- Brewster v. ChurchillSupreme Judicial Court of Maine · 1952
- Profenno v. COMMUNITY OIL COMPANYSupreme Judicial Court of Maine · 1954