Snow v. Mt. Desert Island Real Estate Co.
Supreme Judicial Court of Maine
This was a real action to recover certain flats between high and low water mark at Bar Harbor. The locus as shown on the plan is marked A, B, C, and D. Both parties claimed under the same grantor whose deed is sufficiently stated in the opinion. The demandant contended that his seaward line is low water mark and the defendant that it is the high water mark.
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This was a real action to recover certain flats between high and low water mark at Bar Harbor. The locus as shown on the plan is marked A, B, C, and D. Both parties claimed under the same grantor whose deed is sufficiently stated in the opinion. The demandant contended that his seaward line is low water mark and the defendant that it is the high water mark. The defendant also contended that the third call in the deed stopped at D, and that, if the court should so find, the last call would be a straight line from I) to B, thus giving the demandant one half only of the locus. Beginning at the…
1Opinion of the CourtEbiery, J.
This is a real action, to recover possession of certain flats between high and low water mark of the sea, at Bar Harbor. The plaintiff claims under a deed containing the following description : "Beginning at the sea, on Benjamin Ash’s line; thence south on said Ash’s line to the highway ; thence •west on the highway ten rods to a stake ; thence north to the shore parallel with said Ash’s line; thence east to the first bounds mentioned.” The report of the case states the question submitted to be whether the above deed conveys the flats or shore with the upland. That is the only question argued…
2Cases cited1 opinion
- Storer v. FreemanMassachusetts Supreme Judicial Court · 1810
3Cited by10 opinions
- Bell v. Town of WellsSupreme Judicial Court of Maine · 1986
- Snyder v. HaagenSupreme Judicial Court of Maine · 1996
- State Ex Rel. Department of Natural Resources & Environmental Control v. PhillipsCourt of Chancery of Delaware · 1979
- Phillips v. State ex rel. Department of Natural Resources & Environmental ControlSupreme Court of Delaware · 1982
- Ogunquit Beach District v. PerkinsSupreme Judicial Court of Maine · 1941
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