Oxton v. Groves
Supreme Judicial Court of Maine
On report. Trespass q. c. f., and for cutting and carrying away grass. Both parties claimed title to the loeus in quo under their deeds of parts of the Mitchell farm, the southern boundary of which was the centre of a road existing at the time the parties took their deeds, but discontinued before the time of the alleged trespass. The defendant’s deed called for twenty acres of the eastern part of the farm, and the plaintiif’s for the residue.
Read the full summary
On report. Trespass q. c. f., and for cutting and carrying away grass. Both parties claimed title to the loeus in quo under their deeds of parts of the Mitchell farm, the southern boundary of which was the centre of a road existing at the time the parties took their deeds, but discontinued before the time of the alleged trespass. The defendant’s deed called for twenty acres of the eastern part of the farm, and the plaintiif’s for the residue. The question was one of boundary, and whether the defendant’s land extended to the center of the road or stopped at the side of it, the locus of the…
1Opinion of the CourtAppleton, C. J.
The deed, under which the defendant justifies the acts complained of, commences “ at a stake and stones, the southeast corner of the said premises, at the road ; ” thence, after certain courses and distances, “to said road; thence, by said road to point begun at, containing twenty acres and no more.” It is to be observed that the line runs to the road, not to the side or line .of the road, and thence, by the road, not by the side or line of the road.
The rule is now well settled that when a line is given running “ to the road and thence by the road,” the grant is to the center of the road.…
2Cases cited1 opinion
- Morrow v. WillardSupreme Court of Vermont · 1857
3Cited by1 opinion
- Piper v. ConnellyIllinois Supreme Court · 1884