Southerland v. Jackson

30 Me. 462 | Me. | 1849

Wells, J. orally.

— Where a street is marked on a plan, the fee remains in the grantor. Until it is opened, no action for obstructing it can be maintained. The instruction was therefore erroneous. If one grantor could maintain such an action, all of them could. Even if the street had been opened, it might be doubtful whether a person living on one of the lots could maintain such an action, except on proof of ■special damage. Exceptions sustained.