Wellman v. Churchill
Supreme Judicial Court of Maine
On Report. Action of trespass q. c. The case appears in the opinion. The road mentioned in the reservation, in plaintiff’s deed, being in existence at the time, did not pass to the plaintiff by the conveyance to him by Aaron Edgecomb, and the plaintiff acquired no title thereto except for purposes of travel beyond the centre thereof from that side of the same next to his land.
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On Report. Action of trespass q. c. The case appears in the opinion. The road mentioned in the reservation, in plaintiff’s deed, being in existence at the time, did not pass to the plaintiff by the conveyance to him by Aaron Edgecomb, and the plaintiff acquired no title thereto except for purposes of travel beyond the centre thereof from that side of the same next to his land. Winthrop v. Fairbanks, 41 Maine, 307; White v. Crawford, 10 Mass. 183 ; Mendell v. Delano, 7 Met. 176; Bowen v. Conner, 6 Cush. 132. The plaintiff not being in possession of the locus must show title in himself to…
1Opinion of the CourtFogler, J.
Trespass quare clausum for cutting down and carrying away certain trees standing within the limits of a certain road in the town of Belmont, known as Hickey’s Mills road, and on the northerly side thereof. The defendant admits the cutting and carrying away of the trees and justifies under his wife, Ella C. Churchill, who, he claims, held the title, and was in possession and had the right of possession of the land upon which the trees stood. The defendant introduced a deed from one Miles Pease to the defendant’s wife in which the granted premises are described as beginning on the northerly…
2Cited by9 opinions
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