Engel v. Ayer
Supreme Judicial Court of Maine
On eepoet. The case appears in the opinion, Plaintiffs contend; first, the reservation is of a new right not before in being, and having no words of inheritance, creates a reservation and not an exception, and^so limited to grantor’s life ; second, it was an easement in gross and limited, ex necessitate, by its express terms ; third,, if an easement appurtenant, it was appurtenant to some other estate of the grantor, and not another which grantor did not own ; fourth, it is…
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On eepoet. The case appears in the opinion, Plaintiffs contend; first, the reservation is of a new right not before in being, and having no words of inheritance, creates a reservation and not an exception, and^so limited to grantor’s life ; second, it was an easement in gross and limited, ex necessitate, by its express terms ; third,, if an easement appurtenant, it was appurtenant to some other estate of the grantor, and not another which grantor did not own ; fourth, it is only a right to maintain a boom "along” the front of plaintiffs’ lot on the flats and does not carry the right to fill…
1Opinion of the CourtWhitehouse, J.
This is an action of trespass guare clausum for placing and maintaining booms and fastening them to the plaintiffs’ piers, and storing logs therein, on flats owned by the plaintiffs in the town of Brewer. The case is presented on a report of the evidence.
The plaintiffs derive title from Thomas N. Egery, and the defendant justifies his use of the flats by a subsequent grant of an easement therefor from Egery’s devisees.
Egery was the owner of a tract of land lying between the Penobscot river and the county road and extending up and down the river about half a mile. August 23, 1880, in…
2Cases cited4 opinions
- Post v. PearsallCourt for the Trial of Impeachments and Correction of Errors · 1839
- Stockbridge Iron Co. v. Hudson Iron Co.Massachusetts Supreme Judicial Court · 1871
- Chappell v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1892
- Wood v. BoydMassachusetts Supreme Judicial Court · 1887
3Cited by11 opinions
- Beckwith v. RossiSupreme Judicial Court of Maine · 1961
- Dawson v. Western Maryland RailroadCourt of Appeals of Maryland · 1907
- Stone v. StoneSupreme Court of Iowa · 1909
- O'NEILL v. WilliamsSupreme Judicial Court of Maine · 1987
- Frye v. SibbittNebraska Supreme Court · 1945
6 more not listed; retrieve them via the Exa API.