Smith v. Ladd
Supreme Judicial Court of Maine
On Report from Nisi Prius, Cutting, J., presiding. This was an action of Trespass quart clausum, for breaking and entering the plaintiff’s close situated in Eayette, and being the north part of lot No. 41, in said town. The defendant owned the south part of the same lot. Both claimed title from the same grantor, through sundry mesne conveyances.
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On Report from Nisi Prius, Cutting, J., presiding. This was an action of Trespass quart clausum, for breaking and entering the plaintiff’s close situated in Eayette, and being the north part of lot No. 41, in said town. The defendant owned the south part of the same lot. Both claimed title from the same grantor, through sundry mesne conveyances. The defendant claimed a right of way over a portion of the plaintiff’s premises by virtue of certain reservations in the deeds of their common grantor, and on this right rested his defence. The language of the reservations in the deeds, and other…
1Opinion of the CourtTenney, C. J.
Stephen B. Judkins was formerly the owner of the whole lot No. 41, and under him both parties claim. On Oct. 8, 1812, he conveyed a strip through the centre of the lot from east to west eighteen rods in width, to Jonathan Clough, leaving a parcel of the same lot on each side; and on March 17, 1813, he conveyed to Stephen B. Clough, the whole of that part of lot No. 41, lying to the north of that previously conveyed. Through several mesne conveyances, the plaintiff derived title to these two strips of land conveyed by Stephen B. Judkins.
In the first of the deeds mentioned is a reservation or…
2Cited by7 opinions
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- O'NEILL v. WilliamsSupreme Judicial Court of Maine · 1987
- Kramer v. KnauffAppellate Court of Illinois · 1883
- Emerson v. MooneySupreme Court of New Hampshire · 1870
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