Lowell v. Robinson
Supreme Judicial Court of Maine
Tkespass quare clausum, for cutting and taking away tbe plaintiff’s grass. The facts in relation to tbe title of the respective parties by deed appear in the opinion of the Court. Jones entered into possession within twenty years under his mortgage, by judgment of Court, and foreclosed the same, and the defendant had the title of Jones.
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Tkespass quare clausum, for cutting and taking away tbe plaintiff’s grass. The facts in relation to tbe title of the respective parties by deed appear in the opinion of the Court. Jones entered into possession within twenty years under his mortgage, by judgment of Court, and foreclosed the same, and the defendant had the title of Jones. Nathan Hanscomb, under whom both parties claimed, was released by the plaintiff, and testified, that be never claimed the meadow lot under Scott, his grantor of certain lands, and, as the defendant contended, of the meadow, but by possession only, and that he…
1Opinion of the Court
The opinion of the Court was drawn up by
Shepley J.
Tt is too well settled to admit of doubt, that when land is bounded upon a river or stream, the grantee will hold to the thread of the stream. Nor is there any doubt that land may be so bounded upon the bank, or by monuments standing near but without the edge of the stream, as to exclude the stream from the conveyance. When the monument is stated to stand by the river or by the edge of the river, the same idea is communicated as if it had stated, that the line of boundary commenced by the river or by the edge of the river, instead of at the…
2Cited by3 opinions
- White v. Knickerbocker Ice Co.New York Court of Appeals · 1930
- Drake v. Russian River Land Co.California Court of Appeal · 1909
- Hartz v. Detroit, Plymouth & Northville RailwayMichigan Supreme Court · 1908