Maker v. Lazell
Supreme Judicial Court of Maine
On exceptions. This was a petition for partition of an island in Penobscot Bay. The case was tried by the presiding justice, without a jury, and he gave judgment for the plaintiff and ordered partition of tiie island as prayed for. To this decision and the exclusion of certain evidence offered in defense, and to be found in the' opinion, the defendant excepted. The case is stated in the opinion.
1Opinion of the CourtEmery, J.
The plaintiff* by this petition for partition seeks to have two-sevenths of Lassell Island in Penobscot Bay set off to him in severalty. The defendant denies the plaintiff’s title.
Both parties claim under Carver and Ames, who, at the time of their deed to the plaintiff, were the admitted owners of the-whole island in fee. Their deed to the plaintiff was the earlier deed, and was in the usual form of a quitclaim deed, with covenants of warranty against all persons claiming under them, and was duly executed, acknowledged and recorded. The granting-clause and description were in the following…
2Cases cited4 opinions
- Green Bay & Mississippi Canal Co. v. HewettWisconsin Supreme Court · 1882
- Budd v. BrookeCourt of Appeals of Maryland · 1845
- Wilcoxson v. SpragueCalifornia Supreme Court · 1877
- Wilder v. Davenport's EstateSupreme Court of Vermont · 1886
3Cited by19 opinions
- Porter v. HendersonSupreme Court of Alabama · 1919
- Dickson v. Van HooseSupreme Court of Alabama · 1908
- Kinney v. Central Maine Power Co.Supreme Judicial Court of Maine · 1979
- Perkins v. ConarySupreme Judicial Court of Maine · 1972
- CarLee v. EllsberrySupreme Court of Arkansas · 1907
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