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Busfor irving12/7/2023 ![]() ![]() There was no testimony, however, that either the Wheatlands or Irving ever occupied the disputed parcel after the 1951 judgment. Following Sinclair's visit, the Wheatlands brought a lawsuit and recovered judgment in November 1951 against John Kelly "for title and possession." A writ of possession was issued the following month. John Sinclair, who had worked as land agent for Irving and Irving's predecessor-in-title, the Wheatlands, testified that in 1951 he went to the disputed parcel and spoke to John Kelly. At the trial, Irving presented evidence of its record title that the Kellys did not dispute. The cases were removed to the Superior Court and consolidated. Both Kellys responded with claims of title by adverse possession. In July 1987 Irving commenced actions for forcible entry and detainer against the Kelly brothers in the District Court in Madawaska, seeking an order granting it, rather than the Kellys, the right to possession of the land described in the 1985 deeds. Both deeds contained the following recital: "being a part of the same premises held openly, notoriously and adversely by said John Kelly for a period of over fifty (50) years." In 1985 or 1986, Irving became aware that Guy Kelly, Jr., and his brother, Tylor Kelly, had received deeds to the parcel from their father, John Kelly, dated September 26 and 27, 1985, which they had recorded in the Aroostook County Registry of Deeds. Irving holds record title to a parcel in Township 17, Range 11, known in the Allagash community as the Wesley lot. ![]() Because we agree, we vacate the judgment. Among other claims of error, Irving asserts that the trial court erred in failing to instruct the jury regarding the effect of a 1951 judgment in favor of Irving's predecessor-in-title with respect to the same parcel of land. Irving Pulp & Paper Limited appeals from a judgment entered after a jury trial in the Superior Court (Aroostook County, Marsano, J.) awarding title by adverse possession to disputed land to Guy Kelly, Jr., and Tylor Kelly. Smith (orally), Van Buren, Allan Hanson, Caribou, for defendants.īefore WATHEN, C.J., and GLASSMAN, CLIFFORD, DANA, and LIPEZ, JJ. Richardson (orally), Rudman & Winchell, Bangor, for plaintiff. ![]()
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