Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-10-01
Androscogain County.

.
Androscosein County.
Frances Garceion vs.. Alice +. Mount
ford. Rescript, Per CURTAINS:
This is writ OF entry to recover p, pos
gular shaped piece of land situated or
the east side of the Androscoggin river
In the city of Lewiston. Both the plain,
tiff and the defendant claim title by deed
! to the tract described in the writ. Al
the close of the testimony the presiding
justice directed verdict for the plain
tiff and the defendant brings the case
forward upon exceptions 10 that ruling
The plaintiff claims title by virtue oil
a warranty deed given oy o. Henry Jof-
dan and Deborah g. Jordan, dated Dec
20 1873, and recorded Dec. IL, 1873, &c @
George w. Jordan, who died in 1913
leaving a will under which the plaintiff
claims to hold the premises described IN
the writ.
The evidence shows that. from the time
of the deed of December 20, 1879 tlrt
plaintiff, and his successors In title, oe-
cnpied the premises to about the time foi
bringing this action; but ii is claimed
that the possession was not adverse, but
by permission of the predecessors In title
of the defendant, and at the trial adverse
possession was not relied upon.
In 1861 James Jordan and his brother,
George w. Jordan, owned a triangular
shaped lot of land in the city OF Lew
fston. the apex being on the Lisbon
Road so called. From the Lisbon Road
one line ran southwesterly to the An
droscoggin river, the other line ran
northwesterly 10 the Androscoggin river,
there being near the river in tue last
line slight jog. The river was the
other boundary The brothers divided
the lot in the centre by building a fence
from the point where it came TO the lis
bon road to a rock on the bank of the
river called Bear rock, and George ";
Jordan occupied the noTtherly halr aud
James Jordan the southefly half on
December ). 1861, George w. Jordan con-
Veved To Hanson F. Mountford, the pre-
decessor in title to the defendant, his
one-half interest ia common and I'M
end Of the description in the deed IL was
stated ct being my undivided half OF
the piece of land | own with my brother
James Jordan, the whole tract containing
about twentyefour acres, more or less
This deed was recorded Dee. Il. l@l by
this deed the defendants predecessor IN
title became seized in fee of one-halt in
common and undivided of the whole
tract. on August - 1852 James Jordan
released to said Mountford, By uuit claim
deed, his interest in thefsouthefiy half OF
the above named lot in common and un-
divided. This deed was not recorded I'M
IL NOV. /. 1863, aud by II ths defendant
predecessor in title acqusred the James
Jordan interest in the southeriy half of
Jordan and Deborah 6. Jordan, who
had taken the tide of James Jordan BY
will in 1852. conveyed by warranty deed
the northeriy side of said triangular
dan, the predecessor in title of the plain
tiff. This deed was recorded on Dec. q,
1873 BY the deed of Dec. .. 1851, the de-
PENDANTS predecessor in title became
seized in fee of one-haif i'm common and
undivided of the twenty-four acre tract.
This interest WIS obtained from George
W Jordan. who was at the time owner
of one-half interest in common and I'M
divided with James Jordan, under whom
the plaintiff claims title. The deed OF
Aug p. 1862, conveyed to the defendant $
i 14a4JT
common and undivided of the southerly
half of said tract that was owned by
James Jordan. BY that deed James Jor-
dan did not convex to the defendants
pred ecessor in title any interest in the
northerly half of the triangular shaped
piece Of land described in the plaintiff $
writ.
The plaintiff traces his title back to
James Jordan, who owned the twenty
folH. acre tract in common and undivided
with his brother George w Jordan in
the plaintiffs predecessor N title Dec.
20 1873 bv warranty deed But the
trouble with the plaintiffs title is rfrat,
ON Dec. 8, 1851. said George w, Jordan,
one of the tenants in corrmon and undi-
vided conveyed his one-half interest II
angular shaped piece Of land con-
tanning twertv-four acres, the north
efiy half Of Witch the plautiT now
claims. To the defendants predecessor In
title. In other words, the Defendant
predecessor in title was granted l ,9s, by .,
one-half interest in comro2 and I'M
divided of a tract Of land, the norsherlv
half Of which IRE the premises desersbe1
in the plaintiffs writ, which deed was
duly recorded.
In 1878, the devisees of said James Jor-
dan conveyed 10 the plaintiffs predeees-
sor in title, by warranty deed. the north
erlv half of the triangular shaped piece
of land which are the premises described
in the plaintiffs writ. George w. Jordan,
while the owner. i'm December. 1861, hav-
ing conveyed a one-half Interest in COM COM
mon and undivided in said tract, ana
James Jordan. having retained his one
half interest in common and undivided
in said tract his devisees only took UNI
der his will one-half interest in COM
mon and undivided, and therefore the
plaintiff and the defendant are tenants
in common of the northerlv half OF said
land, and the plaintiff was not entitled
by her record title to possession thereof
az against the defendant. but was en-
titled to Judgment for "a one-haIt
interest in common ard undivided with
the defendant. r. s. Chap. i06 Sec. 10.
Exceptions sustained.