Seidensparger v. Spear
Supreme Judicial Court of Maine
Exceptions from the Court of Common Pleas, Smith J. presiding. This was a complaint for flowing the land of the complainants. By brief statement, the defendant denied the title of the complainants to the land flowed, and alleged that the defendant, and those under whom he claimed, had a license to flow without paying damage, and that the title to the land flowed was in the defendant.
Read the full summary
Exceptions from the Court of Common Pleas, Smith J. presiding. This was a complaint for flowing the land of the complainants. By brief statement, the defendant denied the title of the complainants to the land flowed, and alleged that the defendant, and those under whom he claimed, had a license to flow without paying damage, and that the title to the land flowed was in the defendant. The complainants derived title from John Seidenspai'ger, by deed, of which the substance is given in the opinion of the Court. The defendant proved by parol, that Prior, the grantor of Henry Fogler, and also…
1Opinion of the Court
The opinion of the Court, after several continuances, was by
-Emery J.
The defendant professes to be dissatisfied, because the attention of the jury was drawn by the Judge in his instructions to one line only in the deed, and not to the entire deed, and not to the intentions of the parties to the deed under which the complainants claim. Because the instructions invaded the province of the jury in directing them how to find the place of beginning, when that fact should have been exclusively submitted to them, and of which they were the sole and independent judges. Because if the flowing was no…
2Cases cited1 opinion
- Cook v. StearnsMassachusetts Supreme Judicial Court · 1814
3Cited by5 opinions
- Metcalf v. HartWyoming Supreme Court · 1891
- Taylor v. HansonSupreme Judicial Court of Maine · 1988
- Jackson & Sharp Co. v. Philadelphia, Wilmington & Baltimore RailroadCourt of Chancery of Delaware · 1871
- Wilson v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1889
- Carleton v. RedingtonSuperior Court of New Hampshire · 1850