Davis v. Tibbetts
Supreme Judicial Court of Maine
ON Report from Nisi Prius, Rioe, J., presiding. Trespass quare clausum. The acts of trespass were proved and the plaintiff’s title by deeds introduced, and the presiding Judge intimating that the facts proposed to be proved in defence would not constitute one, the cause was agreed to be reported for the full Court, and if they were of opinion that the facts offered to be proved would constitute a legal defence, the action was to stand for trial, but if not, a default was to…
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ON Report from Nisi Prius, Rioe, J., presiding. Trespass quare clausum. The acts of trespass were proved and the plaintiff’s title by deeds introduced, and the presiding Judge intimating that the facts proposed to be proved in defence would not constitute one, the cause was agreed to be reported for the full Court, and if they were of opinion that the facts offered to be proved would constitute a legal defence, the action was to stand for trial, but if not, a default was to be entered and judgment for $3,00, damages with costs.
1Opinion of the Court
The facts offered to be proved, and the title of the parties, appear in the opinion of the Court, which was drawn up by
Rice, J.
— Trespass quare clausum. Both parties claim title to the locus in quo, from Asa Merrill. The plaintiff derives his title by deed from Asa Merrill to Thos. Hodg-*280kins, dated March 6, 1846; deed Thos. Hodgkins to Alvin Merrill, June 6, 1849 ; deed Alvin Merrill to himself, dated April 15, 1850.
Morrill & Fessenden, for defendant. Moody, for plaintiff.
The defendant derives his title by a levy of an execution, Josiah E. Longley against Asa Merrill, upon the land as the…
2Cited by1 opinion
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