23 Me. 339 | Me. | 1843
The opinion of the Court was drawn up by.
This is a writ of entry, brought to recover possession of an island in Penobscot Bay, called Job’s Island. The plaintiff’s claim is under a deed of release from the States of Massachusetts and Maine, made by their agents, on the twentieth of December, 1829. The defence set up by the defendant is, that he and his ancestors, under whom he derives title, have been in the peaceable and uninterrupted possession of the premises demanded ever since 1766; at which time he alleges that his great grandfather, Job Pendleton, under a grant which has been lost by time and accident, from the then colonial government of Massachusetts, had entered and became possessed thereof. Evidence was introduced at the trial, strongly tending to establish the presumption of such a grant; and as the Judge presiding intimated an opinion, that in con-nexion with the lapse of time, a presumption would be authorized, that a grant had been made, the parties agreed, if such should be the opinion of the whole Court, that judgment should be entered for the defendant; otherwise that a new trial should be ordered.
It is believed to bo well settled, at this day, that grants, not now to be found, may be presumed to have existed, from mere lapse of time, as well against the State, as against individuals. Greenl. on Ev. 50, and cases there cited. Against the State, however, it may be, that they would not so readily be presum