Legal Opinion

Wellman v. Dickey

Supreme Judicial Court of Maine

Decided December 19, 1885PublishedCited by 9 opinions

On EXCEPTIONS. The case is stated in the opiuion. cited : Moore v. Moore, 21 Maine, 354 ; Hunt v. liich, 38 Maine, 195 ; Look v. Horton, 55 Maine, 103; K. S., c. 18, § 95; Whittier v. McIntyre, 59 Maine, 144; Stetson v. Bangor, 73 Maine, 359; Gutter v. Cambridge, (i Allen, 20; Winslow v. Hay son, 113 Mass. 411. cited: Little v. Pollster, 3 Maine, tí; Starr v. Jackson, 11 Mass. 519; E. S., e. 18, §§ 76, 50; Oyr v. Dufour, 68 Maine, 492. The grantors in the plaintiff’s deed…

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On EXCEPTIONS. The case is stated in the opiuion. cited : Moore v. Moore, 21 Maine, 354 ; Hunt v. liich, 38 Maine, 195 ; Look v. Horton, 55 Maine, 103; K. S., c. 18, § 95; Whittier v. McIntyre, 59 Maine, 144; Stetson v. Bangor, 73 Maine, 359; Gutter v. Cambridge, (i Allen, 20; Winslow v. Hay son, 113 Mass. 411. cited: Little v. Pollster, 3 Maine, tí; Starr v. Jackson, 11 Mass. 519; E. S., e. 18, §§ 76, 50; Oyr v. Dufour, 68 Maine, 492. The grantors in the plaintiff’s deed did not convey the land where the road was laid out twenty years before the date of the deed. The general boundaries are…

1Opinion of the CourtHaskell, J.

Trespass q. c. for the cutting down of twenty ornamental trees. The defendant attempts to justify by the lawful performance of duty as highway surveyor.

The plaintiff, in 1859, entered into possession of a lot of land, lying " southwardly ” of a highway, under an agreement to purchase, and hitherto has held possession thereof, and received a deed of the same, October 14, 1863. He planted and nurtured a row of shade trees across his land, along the highway. The jury found that some of the trees stood without the limits of the highway, and assessed damages.

The words of grant in the plaintiff’s…

2Cases cited1 opinion

  1. Worthington v. HylyerMassachusetts Supreme Judicial Court · 1808

3Cited by9 opinions

  1. Rio Bravo Oil Co. v. WeedTexas Supreme Court · 1932
  2. Nickson v. GarryNew Mexico Supreme Court · 1947
  3. Leighton v. LeightonSupreme Judicial Court of Maine · 1974
  4. Bolton v. Dyck Oil Co.Court of Appeals of Texas · 1938
  5. Walker v. City of SedaliaMissouri Court of Appeals · 1898

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