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Theriault v. Murray

588 A.2d 720 (1991)

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Theriault v. Murray

Maine Supreme Judicial Court

588 A.2d 720 (1991)

Facts

Robert and Anita Theriault (plaintiffs) acquired land. The southern boundary of the Theriaults’ property was the northern boundary of land owned by Joseph and Linda Murray (defendants). A description of the Theriaults’ property was contained in their deed. The deed described the southern boundary by distance calls and by the locations of two stakes at either end of the boundary. For a period of time, the Theriaults treated the boundary as the line defined by the two stakes mentioned in the deed. But when the stakes no longer existed, the Murrays asserted that the boundary belonged further north because this boundary more closely matched the distance calls contained in the deed. The Theriaults filed suit, seeking a declaratory judgment to determine the true location of the boundary. The trial court ruled in favor of the Murrays, finding that the distance calls in the deed prevailed over the monuments (the two stakes) referred to in the deed. The Theriaults appealed.

Rule of Law

Issue

Holding and Reasoning (Glassman, J.)

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