McLellan v. McFadden
Supreme Judicial Court of Maine
On report. This is an action on the case to recover damages of defendant for constructing and maintaining a fish weir on a weir privilege claimed by plaintiffs, in the tide water of Herring Cove in the town of Trescott, Washington county. Plea, the general issue with brief statement. The case is stated in the opinion.
1Opinion of the CourtSavage, C. J.
This case is concerned with the ownership of a fish weir and fishing privileges in Herring Cove in the town of Trescott. The case comes up on report. The plaintiffs claim to own them as heirs of George W. McLellan, deceased. The defendants claim to own them by grant from George W. McLellan’s mortgagee; also, by a prescriptive title. The suit is brought to recover damages for an interference with, and a disturbance of, the plaintiffs’ rights.
Herring Cove lies in front, and to the eastward, of Herring Cove lot, so called. The following sketch shows the situation.
The lot formerly belonged to the…
2Cases cited1 opinion
- Leonard v. WhiteMassachusetts Supreme Judicial Court · 1810
3Cited by17 opinions
- Hodgdon v. CampbellSupreme Judicial Court of Maine · 1980
- Southern Coal & Iron Co. v. SchwoonTennessee Supreme Court · 1921
- Hendrix v. HendrixSupreme Court of Arkansas · 1974
- Sargent v. CoolidgeSupreme Judicial Court of Maine · 1979
- Kinney v. Central Maine Power Co.Supreme Judicial Court of Maine · 1979
12 more not listed; retrieve them via the Exa API.