Morrison v. Clark
Supreme Judicial Court of Maine
On Exceptions by Dependant. The case is stated in the opinion. The judgment in the first action is conclusive between these parties, and the controversy is res judicata.
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On Exceptions by Dependant. The case is stated in the opinion. The judgment in the first action is conclusive between these parties, and the controversy is res judicata. Young v. Pritchard, 75 Maine, 513 — 517 ; Sturtevant v. Randall, 53 Maine, 149 — ■ 151; Walker v. Chase, Id. 260' — 262; Blodgett v. Bow, 81 Maine, 201; Puller v. Pastman, Id. 286. The title to himself and wife jointly of the right of way was available to the defendant in defense of the former suit, and he is estopped from setting up such title in the present suit. As a tenant in common he had then the right to use a right of…
1Opinion of the CourtWhitehouse, J.
This is an action of 'trespass quare clausum. The defendant admits that the acts complained of in the plaintiff’s writ were committed by him on the easterly side of the plaintiff’s lot, but claims that they were done in the exercise of a right to pass over the lot acquired by grant to himself and wife and by license of his wife.
The deed to the plaintiff of “ lot 34 ” described in his writ contains a reservation of a right of way. to George E. Clark the defendant and Lilla B. Clark, his wife, to Rankin Street.
The deed to the defendant and his wife shows title in them to an adjoining lot, and “…
2Cases cited3 opinions
- Wintersmith & Young v. Pointer & ConwayCourt of Appeals of Kentucky · 1859
- Marshall v. TrumbullSupreme Court of Connecticut · 1859
- Dickinson v. LeeMassachusetts Supreme Judicial Court · 1871
3Cited by10 opinions
- Mitchell v. MitchellSupreme Judicial Court of Maine · 1940
- Harris & Cole Bros. v. Columbia Water & Light Co.Tennessee Supreme Court · 1904
- Ianotti v. CiccioSupreme Court of Connecticut · 1991
- Bank of Maine v. GiguereSupreme Judicial Court of Maine · 1973
- Huard v. PionSupreme Judicial Court of Maine · 1953
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