Duncan v. Sylvester
Supreme Judicial Court of Maine
Trespass on the case against the defendants for cutting away the plaintiff’s nets, and depriving him of his rights of salmon fishery from 1834 to the date of the writ in 1840. To show his title, the plaintiff introduced a deed from Abner Knight to Samuel Duncan, dated July 19, 1819. It appeared also, that Sylvester was the owner of one undivided half of the premises, claiming under a deed from Abner Knight to George Knight, dated July 18, 1817, and a deed from George Knight…
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Trespass on the case against the defendants for cutting away the plaintiff’s nets, and depriving him of his rights of salmon fishery from 1834 to the date of the writ in 1840. To show his title, the plaintiff introduced a deed from Abner Knight to Samuel Duncan, dated July 19, 1819. It appeared also, that Sylvester was the owner of one undivided half of the premises, claiming under a deed from Abner Knight to George Knight, dated July 18, 1817, and a deed from George Knight to him, dated June 20, 1833, and that the plaintiff and said George had occupied and enjoyed the salmon fishery jointly,…
1Opinion of the Court
The opinion of the Court was drawn up by
Shepley J.
This bill of exceptions presents three questions for consideration. 1. Whether the deed from Abner Knight to George Knight conveyed the whole or an undivided half of the salmon fishery. 2. Whether a conveyance made by one tenant in common of a portion of the common estate by metes and bounds be void as against a co-tenant, or valid until he give notice to the grantee, that he elects to avoid it. 3. Whether the plaintiff be entitled to recover damages for being kept out of the occupation of any portion of the salmon fishery, after he was…
2Cited by18 opinions
- Boggess v. MeredithWest Virginia Supreme Court · 1879
- Worthington v. StauntonWest Virginia Supreme Court · 1880
- Mee v. BenedictMichigan Supreme Court · 1893
- Primm v. WalkerSupreme Court of Missouri · 1866
- Harrison Oil Co. v. ShermanCourt of Appeals of Texas · 1933
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