Home/Supreme Judicial Court of Maine/Stanley v. True

Stanley v. True

96 A. 1057, 114 Me. 503, 1916 Me. LEXIS 165
CourtSupreme Judicial Court of Maine
DecidedMarch 18, 1916
StatusPublished
Cited by1 cases

This text of 96 A. 1057 (Stanley v. True) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stanley v. True, 96 A. 1057, 114 Me. 503, 1916 Me. LEXIS 165 (Me. 1916).

Opinion

Cornish, J.

This is an action of trover to recover the value of a certain building known as Glen Cottage which the plaintiff alleges the defendant wrongfully appropriated and converted to his own use on June 3, 1914. This cottage had been moved by the plaintiff from the lot on which it was built and was on its way across the adjoining land of the defendant when the alleged conversion took place. The ownership of the building is the point at issue, and that depends upon the ownership of the lot from which it was removed. Both parties claim title to this lot, the plaintiff by warranty deed from Charles B. Dalton, dated January 23, 1906, find by quit claim from the Ottawa Park Company of the same date; and the defendant under a foreclosed mortgage dated July 20, 1901. The storm centre is whether this mortgage covered and held the lot on which Glen Cottage stood.

The premises in question are a part of the Ottawa Park development at Cape Elizabeth which was promoted in 1899. An elaborate plan of streets and projected lots was made by a civil engineer, dated August 16, 1899, filed on November 22, 1899, and recorded in Cumberland Registry of Deeds, Plan Book 9, page 29. We are concerned with only a portion of this Park property, namely lot [505]*505forty and the large central lot known as the Cliff Cottage lot or hotel lot, which contained 56,553 square feet, and which was bounded by Cottage street on the southwest, and on all other sides by surrounding lots numbered from twenty-nine to forty-three inclusive. On this hotel lot stood Cliff Cottage, afterwards known as the Cliff House, a summer hotel. This was the only building that then existed and was the only one delineated on the plan filed November 22, 1899, except a cottage known as Sunnybank Cottage which stood on lot thirty and is not involved here.

It appears that because of certain changes made in Cottage Road in the spring of 1900, a second plan of the entire tract was made, dated May 28, 1900, filed on July 24, 1900, and recorded in plan book No. 9, page 39. In the early spring of 1900, after the filing of the first plan and before the filing of the second, Glen Cottage was built upon that portion of the hotel lot which adjoined lot forty. The rear veranda overhung lot forty. At that time Josephine L. Dalton was the owner of both lot forty and the hotel lot. The outlines of this cottage appear on the second plan, and a reduced copy of so much of that plan as is necessary to picture the locus .and to aid in understanding the case follows:

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Related

European & North American Railway v. Maine Central Railroad
196 A. 642 (Supreme Judicial Court of Maine, 1938)

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Bluebook (online)
96 A. 1057, 114 Me. 503, 1916 Me. LEXIS 165, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stanley-v-true-me-1916.