Montgomery v. Reed
Supreme Judicial Court of Maine
On report. Covenant broken. The declaration is sufficiently recited in the opinion, together with the pleadings. The plaintiff introduced a deed of warranty, dated July 17, 1831, duly acknowledged and recorded, from Samuel Murray to Benjamin Reed, (defendant’s intestate) conveying certain land situated on an inlet of the Damariseotta river, in Boothbay, the second and third calls in which were “ thence north twenty-two degrees east seventeen and one-half rods to the shore of…
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On report. Covenant broken. The declaration is sufficiently recited in the opinion, together with the pleadings. The plaintiff introduced a deed of warranty, dated July 17, 1831, duly acknowledged and recorded, from Samuel Murray to Benjamin Reed, (defendant’s intestate) conveying certain land situated on an inlet of the Damariseotta river, in Boothbay, the second and third calls in which were “ thence north twenty-two degrees east seventeen and one-half rods to the shore of Damariscotta river — thence northerly and westerly, as the said shore lies, round a point of land and round the head of…
1Opinion of the CourtVirgin, J.
This is an action of covenant broken, and comes before us on report.
Facts: Some four miles up from the mouth of the Damariscotta river is an inlet, in which the tide ebbs and flows eight to ten feet, extending westerly about one-fourth of a mile. A few hundred feet from the western shore of the river, a town way running northerly and southerly, parallel with the river, spans the inlet with a bridge. Immediately west of the bridge are Hodgdon’s Mills, comprising a grist mill and saw mill, driven by the tide-water ponded by a dam. Next southeast of the bridge is *512a cove, forming a recess of…
2Cases cited3 opinions
- Storer v. FreemanMassachusetts Supreme Judicial Court · 1810
- Deering v. Proprietors of Long WharfSupreme Judicial Court of Maine · 1845
- Boston & Hingham Steamboat Co. v. MunsonMassachusetts Supreme Judicial Court · 1875
3Cited by11 opinions
- Hodgdon v. CampbellSupreme Judicial Court of Maine · 1980
- Wilshire Construction Co. v. Union Electric Co.Supreme Court of Missouri · 1971
- Mobile Dry Docks Co. v. City of MobileSupreme Court of Alabama · 1906
- West Coast Manufacturing & Investment Co. v. West Coast Improvement Co.Washington Supreme Court · 1901
- Faller v. Davis Et Ux.Supreme Court of Oklahoma · 1911
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