Emery v. Webster
Supreme Judicial Court of Maine
On Exceptions from Nisi Pritis, Cutting, J., presiding. This was an action of replevin for a quantity of hemlock bark, which grew upon what is called the island in Little river stream,, in Belfast. The suit involved the- question of title to said island.
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On Exceptions from Nisi Pritis, Cutting, J., presiding. This was an action of replevin for a quantity of hemlock bark, which grew upon what is called the island in Little river stream,, in Belfast. The suit involved the- question of title to said island. The plaintiff claimed it by virtue of a deed from Jonathan White and others, to him, whereby was conveyed “all that part of lot 87, 3d division of lots, lying westwardly of the centre of the old channel of Little river stream.” If, by the “ old channel,” was meant the easterly one, then the island belonged to the plaintiff; otherwise, it did…
1Opinion of the CourtHathaway, J.
The rights of the parties, in this suit, depended upon the question, whether or not “ the island in Little river stream, in Belfast,” from which the bark replevied was taken, was conveyed to the plaintiff, by Jonathan White and others, by their deed of December 15, 1828.
*206The land conveyed by that deed, was described therein as “all that part of lot 87, 3d division of lots, lying westwardly of the centre of the old channel of Little river stream.”
The controversy was, whether the channel on the east or the west side of the island, was the channel designated in the deed, as the boundary of the…
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