Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 87

Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 87

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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. 1895 edition. Excerpt: ... of which he holds title, and all his visible acts of ownership are done upon that land, and thereby acquire title to a tract of wood-land, although it may lie contiguous to such land. It must be a part of the farm adversely occupied in order for the statute to apply. ON MOTI()N AND EXCEPTIONS. This was a real action to recover a small piece of land situate on the western shore of Schoodic lake in Piscataquis county. The plaintiffs derived their title from the Commonwealth of Massachusetts through mesne conveyances. The locus is a part of township four, range eight, north of Waldo patent. The defendant claimed title by adverse possession. The jury returned a verdict for the defendant, and the plaintiffs filed a general motion for a new trial and also took exceptions to a part of the charge given to the jury by the presiding justice. The material facts will be found in the opinion. The law court did not consider the motion, and arguments of counsel on the motion are, for that reason, omitted. ' J. B. Peaks and M. W. Zllclntosh, for defendant. When Howard took this deed running to the shore of the lake, and went into possession of that portion west of the town line. it could not be construed as adverse possession of that portion east of the town line, owned by other parties. But if he occupied any portion of the part east of the town line, that occupation would be construed as occupation of all that portion east of the town line, embraced in the deed. ' And the jury have found under the instruction of the court, that Howard occupied this piece of land east of the town line, and between that and the lake, for more than twenty years, as a part of his farm, or as a wood lot connected with the farm. The evidence was for the jury, ...
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Product details

  • Paperback | 212 pages
  • 189 x 246 x 11mm | 386g
  • United States
  • English
  • black & white illustrations
  • 1236833880
  • 9781236833884