Norton v. Perry
Supreme Judicial Court of Maine
On report. Trespass guare clausum, for breaking and entering the plaintiff’s close in school district No. 8, the village district in Oxford, and erecting a school house thereon, under proceedings which appear in the synopsis of the arguments of counsel, and in the opinion.
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On report. Trespass guare clausum, for breaking and entering the plaintiff’s close in school district No. 8, the village district in Oxford, and erecting a school house thereon, under proceedings which appear in the synopsis of the arguments of counsel, and in the opinion. The meeting of the voters of this district, called for the purpose of making this location, first assembled December 20, 1871, and after several adjournments, voted April 1, 1872, by a vote of forty-seven in favor, to twenty-seven opposed, as recorded by the district clerk, to take a hundred square rods of the plaintiff’s…
1Opinion of the CourtAppleton, C. J.
This is an action of trespass guare clausum. The alleged trespass is the erection of a school house upon the land of the plaintiff. The defendants justify as a building committee chosen by school district No. 3, in the town of Oxford, for the erection of a school house upon the locus in guo.
The question presented is, whether there has been a legal location of the school house lot upon the plaintiff’s land. Assuming that the plaintiff’s land may be taken from her under the light of eminent domain, against her consent, and the compensation therefor fixed by others, without her participation…
2Cited by1 opinion
- Lumijarvi v. School District No. 25Oregon Supreme Court · 1924