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Wells, J., orally.—The defendants rely upon the acts done by Hoxie, and upon the defendants’- entry into the lot under a recorded deed. No doubt an entry into a part of a lot, under a recorded deed of the whole, and the holding of that part in possession, is a constructive entry into the whole lot. But this case does not show such a holding, but only that the defendants entered under a claim of title, and cut and hauled away the wood. No disseizin of the plaintiff was created by these acts. To make these acts avail as a disseizin, it was requisite at least that the defendants should have not only entered into possession of a part, but continued in that possession. - Exceptions overruled
Document Info
Citation Numbers: 32 Me. 578
Judges: Wells
Filed Date: 5/15/1851
Precedential Status: Precedential
Modified Date: 9/24/2021