Banton v. Herrick
Supreme Judicial Court of Maine
Oil exceptions by defendant. Ileal action brought to recover a parcel of land situate in the town of La Grange, in Penobscot County and described in plaintiff’s writ as lot numbered thirty-two (32) north of the Board Eddy road, so called, in that part of La Grange called the Hammond tract, containing one hundred and ten (110) acres and numbered according to the plan and survey of Jedediah Herrick.
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Oil exceptions by defendant. Ileal action brought to recover a parcel of land situate in the town of La Grange, in Penobscot County and described in plaintiff’s writ as lot numbered thirty-two (32) north of the Board Eddy road, so called, in that part of La Grange called the Hammond tract, containing one hundred and ten (110) acres and numbered according to the plan and survey of Jedediah Herrick. Formerly this lot was wild land all wooded except a few acres of open meadow land near the middle. This meadow land had been improved by the defendant. The plea was the general issue with a brief…
1Opinion of the CourtEmery, J.
This is a real action begun in 1902. The land demanded is a lot of 110 acres and is described as “Lot No. 32, *137north of the Board Kddy Hoad in La Grange according to the survey and plan of Jeddediah Herrick.” Formerly it was wild land all wooded except a few acres of open meadow land near the middle. The plaintiff showed a record title to the whole lot from the year 1832. The defendant also showed a record title to the whole lot, but only from the year 1868. By the record, therefore, the plaintiff showed the older and hence better title, but the defendant further interposed in defense the…
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