Opinion
Decided June, 1880.
The location on the ground of boundaries described in a deed is a question of fact.
TRESPASS, quare clausum. Plea, the general issue, with a brief statement of soil and freehold. Facts found by a referee. The deeds through which the plaintiff derived his title described his land as bounded in part by a line running easterly to Strafford, thence southerly to the corner of a lot, thence westerly to the south-west corner of Samuel and Reuben Brown's land. The defendant claimed that the junction of the plaintiff's east line with a fence on the north side of the disputed territory was the point referred to in the description as the southerly corner of a lot. The referee found that the land in controversy belonged to the plaintiff.
A. F. L. Norris, for the defendant.
Whittemore, Jr., and Chase Streeter, for the plaintiff.
The location on the ground of the boundaries described in the deeds was a question of fact for the determination of the referee. Madden v. Tucker, 46 Me. 367; Abbott v. Abbott, 51 Me. 575; Tebbetts v. Estes, 52 Me. 566; Williston v. Morse, 10 Met. 17, 27.
Judgment for the plaintiff.
FOSTER and ALLEN, JJ., did not sit: the others concurred.