Littlefield v. Maxwell
Supreme Judicial Court of Maine
Trespass q,uare clausum, for piling 300 cords of wood upon the plaintiff’s land, described in the declaration. The defendant by brief statement pleaded : — 1st. That the inhabitants of the town of Wells, for more than 20 years, have claimed and exercised the right to haul and pile wood thereon, for the purpose of sale and shipping ; and that defendant is an inhabitant of Wells and hauled and piled his wood for that purpose. 2d.
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Trespass q,uare clausum, for piling 300 cords of wood upon the plaintiff’s land, described in the declaration. The defendant by brief statement pleaded : — 1st. That the inhabitants of the town of Wells, for more than 20 years, have claimed and exercised the right to haul and pile wood thereon, for the purpose of sale and shipping ; and that defendant is an inhabitant of Wells and hauled and piled his wood for that purpose. 2d. That the inhabitants of said town of Wells for more than 20 years have had a custom to pile wood thereon, for sale or shipping, at their free will and pleasure. 3d.…
1Opinion of the CourtWells, J.
The locus in quo lies above the ordinary high water mark of the sea, but below the extraordinary high water mark, and according to the principles of the common law, the title to it is in the plaintiff.
Sir Matthew Hale, in his treatise, de jure maris, chap. 6, speaking of the sea-shore, says, it is certain that that, which the sea overflows either at high spring tides or at extraordinary tides, comes not, as to this purpose, under the denomination of littus maris, and consequently the king’s title is not of that large extent, but only to land that is usually overflowed at ordinary tides.
The…
2Cases cited4 opinions
- Post v. PearsallCourt for the Trial of Impeachments and Correction of Errors · 1839
- Stackpole v. HealyMassachusetts Supreme Judicial Court · 1819
- Pearsall v. PostNew York Supreme Court · 1838
- Barker v. CheriotNew York Supreme Court · 1807
3Cited by8 opinions
- Clements v. Sannuti Et Ux.Supreme Court of Pennsylvania · 1946
- Town of Manchester v. Augusta Country ClubSupreme Judicial Court of Maine · 1984
- Watson v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1891
- Almeder v. Town of KennebunkportSupreme Judicial Court of Maine · 2014
- Robert F. Almeder v. Town of KennebunkportSupreme Judicial Court of Maine · 2014
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