Robison v. Swett
Supreme Judicial Court of Maine
This was an action of trespass quare clausum, fregit, in which the issues were — 1. not guilty ; — 2. that the close was the soil and freehold of Swell one of the defendants; — 3. that it was the soil and freehold of Swell and others, of whom the plaintiff was one.
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This was an action of trespass quare clausum, fregit, in which the issues were — 1. not guilty ; — 2. that the close was the soil and freehold of Swell one of the defendants; — 3. that it was the soil and freehold of Swell and others, of whom the plaintiff was one. It appeared in evidence that the lots in question, which were in Bridgton, belonged to the original right of Thomas Poor, having-been drawn to him in 1767, and confirmed in 1783, to hold in sev-eralty, and that he, by deed dated March 16th, 1768, and recorded May 30, 1811, conveyed the premises to Col. Poor ;— that this Col. Poor…
1Opinion of the Court
Weston J.
An entry into land, to purge a disseisin, should be made with that intention; and such intention should be sufficiently indicated, either by the act itself, or by words accompanying the act. Coke Lit. 49, b. 255, b. The act of Col. Thomas Poor, in riding along the public highway, which passed over these lots, *325and there making inquiry about them, seems to have none of the properties of an entry of this description; and this point therefore, though taken at the trial, has not been urged in argument.
Certain objections are made in this case to the competency of a part of the testimony. A…
2Cited by6 opinions
- Worthley v. BurbanksIndiana Supreme Court · 1897
- Hightower v. PendergrassTennessee Supreme Court · 1983
- Hitt v. CarrIndiana Court of Appeals · 1915
- Tolley v. ThomasIndiana Court of Appeals · 1910
- Hightower v. PendergrassTennessee Supreme Court · 1983
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