Cleaveland v. Smith
U.S. Circuit Court for the District of Maine
This was a writ of entry, brought to recover a tract of land described in the de-mandant’s writ, in which he declared on his own seisin, and- a disseisin by the defendant [Francis O. J. Smith], within twenty years. The defendant pleaded nul disseisin, and on this plea issue was joined.
Read the full summary
This was a writ of entry, brought to recover a tract of land described in the de-mandant’s writ, in which he declared on his own seisin, and- a disseisin by the defendant [Francis O. J. Smith], within twenty years. The defendant pleaded nul disseisin, and on this plea issue was joined. The cause was tried before the district judge (Judge Ware). At the trial, the plaintiff [Stephen H. Cleave-land], to prove his title to the land in dispute, offered his deed from the agent of the commonwealth of Massachusetts, and state of Maine, of the land described in his writ, executed and bearing date Sept…
1Opinion of the Court
STORY, Circuit Justice.
The charge of the learned judge of the district court comes to this; that if the north line of the Bingham purchase was not coincident with the monuments on the land, granted by the commonwealth of Massachusetts to the towns of Taunton and Raynham, then the monuments were to govern, and not the Bingham line, ■and consequently, that the title of the defendant, under the towns of Taunton and Raynham, did not extend to the Bingham line, and the demandants were entitled to the gore or strip of land between that line and those monuments, under the grant to them by the…
2Cited by6 opinions
- Matheny v. AllenWest Virginia Supreme Court · 1908
- W. M. Ritter Lumber Co. v. Montvale Lumber Co.Supreme Court of North Carolina · 1915
- Bonaparte v. . CarterSupreme Court of North Carolina · 1890
- Lumber Co. v. . Lumber Co.Supreme Court of North Carolina · 1915
- Sorensen v. United StatesUnited States Court of Claims · 1916
1 more not listed; retrieve them via the Exa API.