Small v. Pennell
Supreme Judicial Court of Maine
Trespass quarts. The plaintiff introduced a deed to himself of the locus in quo, dated April 19th, 1847, and proved that his grantor had been in possession of the land by fences, fourteen years previously ; and that the defendants, in June, 1848, removed the plaintiff’s fence and opened a road upon the locus in quo. It was admitted that the plaintiff’s grantor is the plaintiff in interest in this suit.
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Trespass quarts. The plaintiff introduced a deed to himself of the locus in quo, dated April 19th, 1847, and proved that his grantor had been in possession of the land by fences, fourteen years previously ; and that the defendants, in June, 1848, removed the plaintiff’s fence and opened a road upon the locus in quo. It was admitted that the plaintiff’s grantor is the plaintiff in interest in this suit. The defendant offered to prove by the records, (which were more than eighty years old,) of the proprietors of the town, that the locus in quo was “ part of a public range way or…
1Opinion of the CourtWells, J.
The plaintiff being in possession of the locus in quo, and claiming title to it by virtue of his deed from Andrew Low, is entitled to maintain this action, unless the justification set up by the defendant can prevail.
The defendant contends, and he offered to prove, that the land upon which the alleged trespass was committed, was a public range way. But the fee in such range ways remains in the original proprietors, unless they have parted with it, and an easement may be acquired over them by ways legally laid out, or by long user. In relation to -the right of the public to their use, they are…
2Cases cited4 opinions
- Wales v. WillardMassachusetts Supreme Judicial Court · 1806
- Sumner v. ParkerMassachusetts Supreme Judicial Court · 1810
- Davol v. DavolMassachusetts Supreme Judicial Court · 1816
- Loring v. BridgeMassachusetts Supreme Judicial Court · 1812
3Cited by2 opinions
- Glidden v. BeldenSupreme Judicial Court of Maine · 1996
- Benton v. Maine State Highway CommissionSupreme Judicial Court of Maine · 1965