Bangor House Proprietary v. Brown
Supreme Judicial Court of Maine
On Exceptions from Nisi Pñus, Tenney, J. Trespass for tapping the plaintiff’s aqueduct and drawing water therefrom. In 1829, the proprietors of a tract of land, in the city of Bangor, caused one Bradley to draw a plan of it and to designate streets and building-lots thereon. They then recorded the plan in the registry of deeds.
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On Exceptions from Nisi Pñus, Tenney, J. Trespass for tapping the plaintiff’s aqueduct and drawing water therefrom. In 1829, the proprietors of a tract of land, in the city of Bangor, caused one Bradley to draw a plan of it and to designate streets and building-lots thereon. They then recorded the plan in the registry of deeds. Soon after the plan was made, one of said streets, now called Centre street, was built by said proprietors, but it has not been kept in repair, and only one part of it is used as a street. ’ The lot No. 17, 'bounded southerly on Centre street, “ as laid down on said…
1Opinion of the CourtShepley, C. J.
— An aqueduct, owned by the plaintiffs appears to have passed through a street, formerly called Centre street, in front of the defendant’s dwellinghouse, nearer to it than the centre of the street, and about six feet below the surface of the earth.
A lot of land numbered seventeen, a part of which constitutes the defendant’s house lot, was conveyed by the owners to Elliott Yalentine, on September 28, 1832, bounded “southerly on Centre street, there measuring 120 feet,” “ as the same *314is laid down on a plan drawn by Zebulon Bradley, in December, 1829.” The title of the defendant is derived from,…
2Cited by5 opinions
- Smith v. Railroad Co.Supreme Court of the United States · 1879
- Franklin Property Trust v. Foresite, Inc.Supreme Judicial Court of Maine · 1981
- Center Bridge Co. v. Wheeler & Howes Co.Supreme Court of Connecticut · 1913
- Richardson v. RichardsonSupreme Judicial Court of Maine · 1951
- Belfast Water District v. LarrabeeSupreme Judicial Court of Maine · 1990