The Portland daily press., 1871-05-30

YORK, ss.-MAY TERM, A. D. 1s7t-DICKERsoN, j.
PREsIDINa-Ar ALFRED.


PREsIDINa-Ar ALFRED.
SATURpAY-Martha A. Mute vs.. Moses Hanson
Plea of land This action arises from disagreement
OF parties to the boundary line between their lots
i'll Berwick. The lines, as claimed ~ each being
twelve feet apart on end OF the lots and coming
to point ON the other the space incIoscd being the
disputed territory. The defendant built part Of
his house AID barn this twelve foot strip. At the
January term, 1870, an action was tried. between
the parties for trepasses of defendant on this
strip; in which it also charged that other
trespasses were committed in throwing dirt from de-
fendants cellar on to other land OF plaintiff. But
the case was fought out mainly the question o.
title, and in that case plaintiff recovered damages
$50. e87e s....l.lf .sf 5tf#nf FEI
The Earl field. on which these lots are, was for
merly bounded, using cardinal points tor oonven
ience north by the Fox feld east by the Knox road
south by the Leo mon road, west by Jordans field.
Earl field was bought for speculation by Parks, Har-
ris and Jordan, and by them surveyed, into lois
The three highest numbers by parallel side lines, and
for convenience of purchasers, giving narrow front
OF about dozen rods TO each lot on the Knox road
sind about seventy rods length Of side lines. The
last lot next the Fox field was No. 6. FIRST ssld to
plaintiffs grantor, and then No. 8 to defendants
grantor, commencing at plaintiffs corner ON the
Knox road. Plaintiffs deed gives her eleven rods
and six Inks on the Knox road to stake in the
ground Plaindf claims that the stake was set down
about twelve feet beyond the eleven rods and six
links, and that he stake, being a monument, con-
Grols the distance. But the stake had disappeared
years before this action brought and the ques-
ton is, where was the stake. Plaintiff says, it
by the side OF q largo rock in the stone wall built
fin 1861 after purchased large gate all on my
land setting the post close to the large rock leaving
still some space between the post and the dividing
stake, and occupied up to the corner, claim, for
ten wears without question. The defendant, against
nay warning, has erected his buildings partly my
land and crowded me off. The jury in the treslass
suit found the line claim, and ask this jury to
do tho same.
Detsnce-That case does not settle this; because
plaintiff claimed other trespasses and here offer
calls Id his deef, we give him his eleven rods and six
links. Since the last TRIAL We have dug down at the
centre the gate and found the remains OF the line
stake The plant ifs deed calls Tor parallel side
lines; commence At the agreed point OF division ON
Jordaus field draw true parallel to the line OF the
Fox field to the Knox road aud it gives our line and
not the plaintiffs. As to the gate 1t built half
on plainlih's land and hall on ours for convenience
OF the plaintiff and my gtantOr who is now dead and
can't tsstify hence this claim.
Reply-Yes, the parallel line is your line, but you
end fhof by the use OF modern improved instru-
meBt which gives an accurate parallel. Ours was
found by old compass and the true line Is not as
found by calculation now; but as found then aud
varies only 1fleen minutes IIOm your llu0s Inc
Rollins Ilan BY which these lots were sold was not
accurate. The three lots on the Knox road by the
Rollins plan shows thirty seven rods and six links
the same distance by actual measurement is about
six links moIe The deeds, under which these Occu-
pants claim. are more inaccurate than the plan. For
the three deeds give the Knox road thirty five
rods and ten links, which Is two rods one and halt
links less than the actual measurement. There Is
no more certainty In the eleven rods and six links in
my deed Than there is in the eleven rods and four
links OF defendants deed, or the thirteen rods of
Brackets deed. Measure from the Lebanon road,
cali ter; give me all cl sim aud theIe is handsome
surplus lett. The remains OF stake which you found
in absence probably not line stake but tence
stake for top-riders to tue stone wall. May be- not
a stake at ali. Those who hide can find.
Delendant-We were more particular with you, be
cause you were the first purchaser. Brackett took
,be residue aud his distance immaterial.
Piaiuhff-Yes; but you allowed less liberal
measurement 10 him, because you had overrun your
There was much conflicting testimony, esrecially
betw cen plaintiffs her and grAttor. on one side
and lchabod Il. Jordan the other, both interested
in tine sai perhaps The case was argued with great
energy and at great length by abe counsel. In re-
ply 70 a high snlogium by Mr. Drew on his witness;
Mr.. Copeland repli,d, that his brother Drew had
added to the calendar the st. ichaood, who, as
it was Of DID, is not without honor save ia his own
country; his brother allowed none but knaves and
scoundrels 10 testify against him.
The justice ms ructed the jury, that the plainfif
prevail it at all, upon The strength OF her own
H. e and not upon the weakness want of title of
defendant. Monuments control dtstancss; the jury
are to find where the stake originally put down
fifth can't nnu W0efo Inc ktake WAS, tueu Iuo
plaintiff Is limited by the distance in bis deed; the
verdict IN The trespass case 10 not evidence here In
order that The Jury render verdict in this case up
on he Proceedings in that, they must be Statistic :,
that the jury in that case did find line. 1t must
not oulv appear from the papers, the jury might
have Zone &C; but from the evidence, that the jury
did go, substantially. ts-.t-. =7.-'si-H'aa-s
Verdict lor defendant. Exceptions. E-r
Copeland. @ 49, Drew.
State VS.. John G. evils, for keening drinking
house ard tippling chop at Saco, July LIST, 1852
Defence-soid Que to my partner. Mr.. Hill, about
the first April the year. There was evidence
that respondent received monthly payments TO the
present time r
Verdict. gnilty. Sentence-fne 500 aud costs or
impr comment In the county jail three months.
Yeaton, Co. Atty. kimball.
This disposes of the criminal docket. ttt
MoNDAY-Rice vs.. Perry s Tor trial this morn
inr.