Maine Reports Volume 112

Maine Reports Volume 112

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1915 edition. Excerpt: after conveyance by the grantor of the farm itself, and it contends that the admission of the deeds was prejudicial, because it was liable to lead the jury to think that the northerly boundary of the land conveyed to Smith was identical with the northerly line of the Smalley farm out of which the granite had been sold. We may assume that these deeds were not admissible to show the northerly boundary of the Smalley farm, yet we think they were admissible to show the limits of land owned by James M. Smith. If the deed included no land outside of the Smalley farm, it was harmless, for the undisputed evidence elsewhere shows that Smith had a title, as already stated, to an undivided part of the granite on that farm. If the deed included land and granite outside the Smalley farm, and the defendant took the granite from the land, the plaintiff may recover for it in this suit. The defendant introduced evidence to show, and in argument contends, that Archelaus Smalley, at the time of his deed to John M. Fuller, owned land next northerly of the original Smalley farm. The southerly line of that land was not designated by monuments in the deed, nor is it shown by evidence in this case, but as stated, the land in the Fuller deeds was described as about 47 rods wide at one end and about 46% rods at the other. Though the distance named on the deed is not exact, yet, in the absence of monuments, it is not without significance. It may be that by fair construction, the deed conveyed some land northerly of the Smalley farm. But if it did, the result will be that Smith had not only an interest, as we have seen, in one undivided fifth of the granite on the Smalley farm, but also a warranty deed of the land without reservation of the granite northerly more

Product details

  • Paperback | 230 pages
  • 189 x 246 x 12mm | 417g
  • United States
  • English
  • black & white illustrations
  • 1236952952
  • 9781236952950