Butler v. Taylor
Supreme Judicial Court of Maine
On REPORT. Trespass for entering land in Eustis, Franklin County, formerly belonging to Miles Standish, deceased, and cutting and carrying away pine trees.
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On REPORT. Trespass for entering land in Eustis, Franklin County, formerly belonging to Miles Standish, deceased, and cutting and carrying away pine trees. The plaintiff claimed title to the premises by virtue of a deed from the administrator of said Standish’s estate, dated February 29, 1888, conveying "the following described real estate, to wit, all the right, title and interest the said Miles Standish had at the time of his decease in a certain piece or parcel of land lying in Eustis. Franklin County, and known as the Buxton tract.” . . The defendant justified as agent of Seth B. Hersey,…
1Opinion of the CourtWalton, J.
This is an action of trespass guare clausum fregit, and the question is whether the plaintiff has shown such a possession, actual or constructive, as will enable him to maintain it.
We think he has not. His only evidence of title is a deed from the administrator of Miles Standish of all the decedent’s right, title, and interest in a tract of land, admitted to contain ten thousand acres, and of winch the land on which the alleged trespass was committed is a very small part, and there is not a scintilla of evidence that the decedent ever had a title to any portion of it, or that he, or his…
2Cited by4 opinions
- Avery v. SpicerSupreme Court of Connecticut · 1916
- Sargent v. CoolidgeSupreme Judicial Court of Maine · 1979
- McCausland v. YorkSupreme Judicial Court of Maine · 1934
- Newport Yacht Club, Inc. v. DeomataresSupreme Court of Rhode Island · 1961