Stearns v. Godfrey
Supreme Judicial Court of Maine
This was a writ of entry, brought to recover a tract of land in Orrington, being part of No. 25. The facts in the case sufficiently appear in the opinion of the Court.
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This was a writ of entry, brought to recover a tract of land in Orrington, being part of No. 25. The facts in the case sufficiently appear in the opinion of the Court. At the trial before Sheplet J. the counsel for the tenant requested the Judge to instruct the jury — 1. That the deed from the Commonwealth to Brewer and Fowler operated to convey a title to the premises to the settler represented by Gould, and that their deed to Sweat would not operate to convey it to Sweat. 2. That Gould being in possession and claiming to hold, and actually occupying it as his own property at the time of the…
1Opinion of the Court
The opinion of the Court was by
Weston C. J.
Until March 25th, 1786, the title to the land in controversy was in the Commonwealth of Massachusetts. On that day, it was included in a large tract granted and conveyed, by a committee in behalf of the Commonwealth, to John Brewer and *160Simeon Fowler, and certain settlers on the tract, mentioned by name as grantees in the deed, among whom are Hannah Ary, widow, and Solomon Sweat. The deed contained the following clause in respect to these settlers, “ on condition that each of the grantees aforesaid pay to John Brewer and Simeon Fowler, five pounds in…
2Cases cited1 opinion
- Townsend v. StateIndiana Supreme Court · 1828
3Cited by7 opinions
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- Schwoebel v. FuginaNorth Dakota Supreme Court · 1905
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