John Wallingford Fruit House Inc. v. MacPherson

NICHOLS, Justice.

This cause arises out of a challenge to the title to some twenty acres of uncultivated land, in the town of Bowdoinham. By agreement, and pursuant to Rule 53, M.R. Civ.P., this cause was tried before a referee, who recommended judgmént for the Defendant upon his conclusion that she had established adverse possession pursuant to 14 M.R.S.A. § 816.

The Plaintiff corporation timely objected, M.R.Civ.P. 53(e)(2)(ii) (since amended), and moved to remand to the referee. The Defendant served and filed a cross-motion to “accept” the referee’s report. After hearing, at which no further…