Banister v. Higginson
Supreme Judicial Court of Maine
This is a real action wherein the plaintiff demands a piece of land in Bangor, which is described in the writ. The parties agree to submit the action to the decision of the court upon the following state of facts. The writ was dated the 18th of Oct. 1835, and counts on the seizin of Moses Broiun, her grandfather, within twenty-five years.
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This is a real action wherein the plaintiff demands a piece of land in Bangor, which is described in the writ. The parties agree to submit the action to the decision of the court upon the following state of facts. The writ was dated the 18th of Oct. 1835, and counts on the seizin of Moses Broiun, her grandfather, within twenty-five years. It is agreed that the plaintiff is the sole heir at law of said Broten; and that on the 17th of Nov. 1807, one Samuel Greenleaf owned the land demanded, with other land adjacent, and that on that day be conveyed by deed a part of the land demanded, to said…
1Opinion of the Court
After a continuance for advisement, the opinion of the Court was given by
Weston C. J.
The levy made in July, 1807, upon the demanded premises, in behalf of the tenants, is very clearly bad, it no where appearing, either in the return of the officer, or the accompanying documents, that the appraisers were appointed in conformity with the statute. The requirements of the law upon this point, are too important to he disregarded ; and there being no legal evidence of a statute transfer of title from the debtor to the creditors, the fee remained in the former unaffected by the levy.
Parol proof has…
2Cited by5 opinions
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