Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 4

Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 4

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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. 1828 edition. Excerpt: ...493. Perkins v. Wing 10 Johns. 140. Cranston Q al. v. Kenney 9 Johns. 212. Besides, if the plea were good, it would lead to a trial of the title to real estate, in an action of debt on bond. The agreement was that the arbitrator should establish the line; and the award, as it follows the terms of the submission, is good. Nor is it uncertain; for it commences at a known monument, being the corner of the defendants' own land, and proceeds by a given course to a point equally well ascertained, at the brook. And that this line was well known to the defendants, is manifest from the language of their plea. Orr, for the defendants, said that the plea sought nothing more than an inquiry into the jurisdiction of the arbitrator, which he had exceeded by departing from the land in dispute. And this point is always examinable in courts oflaw. But here the declaration itself is bad, as it contains no allegation that the ljne marked by the arbitrator is the true line between the parties; VOL. 1v. 36 b which is the only question submitted to his determination. And the award also is void, for uncertainty in the designation of the line, and of the lands to be released. MELLEN C. J. delivered the opinion of the court at the ensuing term in Kennebec. A dispute having arisen "in respect to the line between the lands" of the parties, they agreed to submit " said dispute and " controversy" to arbitration, and agreed to abide by the award of the arbitrator " upon the dispute aforesaid;" and itappears that the arbitrator did " award and determine the dividing line " between said lot," as follows, viz. " Beginning at the dividing." line between said flbijah and more

Product details

  • Paperback | 200 pages
  • 189 x 246 x 11mm | 367g
  • United States
  • English
  • black & white illustrations
  • 1236831977
  • 9781236831972