Preble v. Maine Central Railroad
Supreme Judicial Court of Maine
On report. This was a real action brought to determine the dividing line between adjoining owners. The case is stated in the opinion. A principal issue between the parties was that of adverse occupation, the plaintiff claiming that thereby he had acquired a title to the disputed premises.
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On report. This was a real action brought to determine the dividing line between adjoining owners. The case is stated in the opinion. A principal issue between the parties was that of adverse occupation, the plaintiff claiming that thereby he had acquired a title to the disputed premises. The testimony bearing upon this issue and coming from the plaintiff’s cross-examination, is as follows:— " Q. Previous to your deed to the railroad of the two rod strip between you and them, was there anything to mark the western boundary of their location ? A. Yes, there was a fence on their western…
1Opinion of the CourtWhitehouse, J.
In this writ of entry the plaintiffs seek to recover a small piece of land, triangular in shape, now covered by a portion of the defendant’s freight platform at the Richmond station. The case is presented on report and discloses no material controversy respecting the facts. The rights of the parties must, therefore, be determined by applying the established principles of law to the fair and reasonable inferences drawn from the facts proved or admitted.
The original location of the defendant’s railroad in 1848 was made four rods in width at the point in question, its westerly boundary being the…
2Cases cited2 opinions
- French v. PearceSupreme Court of Connecticut · 1831
- Hitchings v. MorrisonSupreme Judicial Court of Maine · 1881
3Cited by23 opinions
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- Bowers v. LedgerwoodWashington Supreme Court · 1901
- Striefel v. Charles-Keyt-Leaman PartnershipSupreme Judicial Court of Maine · 1999
- Predham v. HolfesterNew Jersey Superior Court Appellate Division · 1954
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