Bryant v. Maine Central Railroad
Supreme Judicial Court of Maine
On report upon agreed statement. Writ of entry to recover a strip of land half a rod in width across the Lorenzo Keyes farm in Jay, from the easterly side of the railroad. This case is to be distinguished from Bonney v. Morrill, 52 Maine, 252. In that case, the grantor bounds his grantee by " land now or formerly owned by Isaac Bonney,” without in any way stating or suggesting where said Bonney’s boundary line was.
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On report upon agreed statement. Writ of entry to recover a strip of land half a rod in width across the Lorenzo Keyes farm in Jay, from the easterly side of the railroad. This case is to be distinguished from Bonney v. Morrill, 52 Maine, 252. In that case, the grantor bounds his grantee by " land now or formerly owned by Isaac Bonney,” without in any way stating or suggesting where said Bonney’s boundary line was. The grantee was put on his guard, by the language used* to inquire and learn for himself where " the land now or formerly owned by Isaac Bonney ” was situated. The court have good…
1Opinion of the CourtWalton, J.
We think judgment must be rendered for the railroad company. It appears that in 1856, Lorenzo Keyes conveyed a strip of land five rods wide for a railroad. That strip of land is now held by the Maine Central Railroad. In 1879 he conveyed another parcel of land to the plaintiff, bounding- him on the west by the " east bound of the Maine Central Railroad.” Two stone monuments are mentioned in his deed. One of them is described as standing ten feet, and the other twelve feet, from the east bound of the railroad. And if these distances are adhered to, the plaintiff’s land will overlap the land of…
2Cited by11 opinions
- Neill v. WardSupreme Court of Vermont · 1930
- Kinney v. Central Maine Power Co.Supreme Judicial Court of Maine · 1979
- McCausland v. YorkSupreme Judicial Court of Maine · 1934
- Howe v. NataleSupreme Judicial Court of Maine · 1982
- Church v. StilesSupreme Court of Vermont · 1887
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