Hathorn v. Stinson
Supreme Judicial Court of Maine
This was a complaint under stai. of 1821, ch. 45, for flowing the complainant’s land, and was tried before the Chief Justice, at the jDec. Term, 1832. The respondents pleaded the general issue and filed a brief statement.
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This was a complaint under stai. of 1821, ch. 45, for flowing the complainant’s land, and was tried before the Chief Justice, at the jDec. Term, 1832. The respondents pleaded the general issue and filed a brief statement. To maintain the issue on his part, the plaintiff introduced a deed of lot No. 49, in the town of Woolwich (it being the land flowed) from Jonathan Names, Jr. to John Hathorn, dated October 20, 1777 ; and then deduced his title through a great number of mesne conveyances from the latter to himself. Lot No. 49, owned by the complainant, and the flowing of which was complained…
1Opinion of the Court
. The opinion of the Court was delivered at a subsequent term, by
Parris J.
As the jury have found that the lands of the Proprietors were divided in 1740, and that no mill had previously been erected by them, or under their authority, there were no facts in the case justifying the first and second requests of the defendants’ counsel. The Court are to charge the jury upon the law applicable only to the facts proved, but are not bound to answer abstract questions not' arising in the case on trial. If the mills had been erected by the Proprietors previous to the division of their common property,…
2Cases cited6 opinions
- Inhabitants of Worcester v. EatonMassachusetts Supreme Judicial Court · 1814
- Leonard v. WhiteMassachusetts Supreme Judicial Court · 1810
- Oakley v. StanleyNew York Supreme Court · 1830
- Strickler v. ToddSupreme Court of Pennsylvania · 1823
- Pickering v. StaplerSupreme Court of Pennsylvania · 1819
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Muscogee Manufacturing Co. v. Eagle & Phenix MillsSupreme Court of Georgia · 1906
- State v. Central Maine Power Co.Supreme Judicial Court of Maine · 1994