Sanborn v. Hoyt
Supreme Judicial Court of Maine
Case against the defendants for encumbering the land of the plaintiffs with their buildings, and for not removing the same. At the trial, before Redington, District Judge, it appeared that the defendants had conveyed to the plaintiffs a tract of land containing about forty-seven acres, describing it by metes and bounds, “ excepting and reserving all the buildings on said premises.” The buildings upon the land were a dwellinghouse, barn and shed.
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Case against the defendants for encumbering the land of the plaintiffs with their buildings, and for not removing the same. At the trial, before Redington, District Judge, it appeared that the defendants had conveyed to the plaintiffs a tract of land containing about forty-seven acres, describing it by metes and bounds, “ excepting and reserving all the buildings on said premises.” The buildings upon the land were a dwellinghouse, barn and shed. The defendants removed the barn. On Nov. 23, 1842, the plaintiffs notified the defendants to remove the other buildings. They neglected to remove…
1Opinion of the Court
The opinion of the Court was drawn up by
Sheplet J.
The only exception insisted upon in the argument for the defendants is, that by the reservation or exception in their deed of conveyance to the plaintiffs the land, upon which the buildings stood, was also excepted. At the time of the conveyance there were standing upon a tract of land, containing about forty-seven acres, a dwelling-house, bam, and shed. That, tract of land was conveyed by metes and bounds. It does not appear, that there was at the time, any lot, parcel of land, or curtilage, designated by occupation in connexion with the…
2Cited by7 opinions
- Freudenberger Oil Co. v. SimmonsWest Virginia Supreme Court · 1914
- Ouellette v. BolducSupreme Judicial Court of Maine · 1982
- Green Bay & Mississippi Canal Co. v. HewittWisconsin Supreme Court · 1886
- Washington Mills Emery Manuf'g Co. v. Commercial Fire Ins.U.S. Circuit Court for the District of Massachusetts · 1882
- Fisk v. BraymanSupreme Court of Rhode Island · 1899
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