Abbott v. Abbott
Supreme Judicial Court of Maine
Exceptions, by defendant, to tbe ruling at Nisi Prius of Appleton, C. J-. This was an action of trespass guare clausum. The land in controversy is the eastern half of lot No. 284, 12th range 0f lots in Etna. The lot was formerly owned by Samuel Abbott, who devised one half thereof to the plaintiff, and the other half to his wife and two sons, William and Leonard. Some time previous t.o date of his will, he .employed one Harvey to run a line through the lot.
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Exceptions, by defendant, to tbe ruling at Nisi Prius of Appleton, C. J-. This was an action of trespass guare clausum. The land in controversy is the eastern half of lot No. 284, 12th range 0f lots in Etna. The lot was formerly owned by Samuel Abbott, who devised one half thereof to the plaintiff, and the other half to his wife and two sons, William and Leonard. Some time previous t.o date of his will, he .employed one Harvey to run a line through the lot. The said devisor died in September, 1831, a few days after the execution of his will. The plaintiff, in 1836, sold, by warranty deed, the…
1Opinion of the Court
*579The opinion of the Court was drawn up by
Davis, J.
The land in controversy was in possession of the plaintiff from 1831 to 1836. It was supposed to be one half of the lot, which had previously been divided by his father, during his lifetime, one Harvey acting as surveyor, in running the dividing line. In 1836 the plaintiff sold it to John Stevens; and he conveyed it to the defendant in 1837. The plaintiff purchased the other half of the lot in 1851; and, in 1853, he discovered that the lot was not equally divided by his father. He thereupon claimed to set aside the Harvey line, as having been…
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