Whitney v. Johnston
Supreme Judicial Court of Maine
Exceptions by plaintiff. This was a suit in equity to remove a cloud upon title to real estate in Knox County. The law court being of the opinion that the plaintiff’s remedy was at law, sent to that county the rescript, “Bill dismissed with costs.” The rescript was received, entered and filed March 17, 1904, but no costs have been taxed or execution issued.
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Exceptions by plaintiff. This was a suit in equity to remove a cloud upon title to real estate in Knox County. The law court being of the opinion that the plaintiff’s remedy was at law, sent to that county the rescript, “Bill dismissed with costs.” The rescript was received, entered and filed March 17, 1904, but no costs have been taxed or execution issued. On April 19, 1904, the plaintiff began a real action against the defendant, to recover the same land as in the equity suit, and filed in the equity suit a motion to stay judgment and execution in that suit until the real action should be…
1Opinion of the CourtSavage, J.
This bill in equity to remove a cloud upon the title to real estate, has once before been before the law court. The court being of opinion that plaintiff’s remedy, if any, was at law, and not in equity, sent down the following mandate, “Bill dismissed with costs.” The bill of exceptions states that no costs have been taxed or execution issued, and we assume that no formal, final decree has *223been signed by a single justice, although the bill is silent upon this point. After the mandate was received, the plaintiff began a real action against the defendant to recover the same real estate, and…
2Cited by2 opinions
- State v. AlexanderSupreme Judicial Court of Maine · 1969
- Estate of Silliker v. OsborneSupreme Judicial Court of Maine · 1938