Stinchfield v. Little
Supreme Judicial Court of Maine
In an action of covenant upon the issue of non est factum, the plaintiff offered in evidence the deed declared on, which was in these words : “Know all men by these presents, that I Josiah “ Little of, &c. by virtue of a vote of the Pejepscot Proprietors, “passed on the first day of September 1784, authorizing and “ appointing me to give and execute deeds for and in behalf of “ said proprietors, for and in consideration of the sum of thirty- “ seven pounds to me in hand paid…
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In an action of covenant upon the issue of non est factum, the plaintiff offered in evidence the deed declared on, which was in these words : “Know all men by these presents, that I Josiah “ Little of, &c. by virtue of a vote of the Pejepscot Proprietors, “passed on the first day of September 1784, authorizing and “ appointing me to give and execute deeds for and in behalf of “ said proprietors, for and in consideration of the sum of thirty- “ seven pounds to me in hand paid by Thomas Stinchfield of, &c. “ the receipt whereof I do hereby acknowledge, have given, “ granted, released, conveyed…
1Opinion of the Court
Preble J.
at this term delivered the opinion of the Court, as follows.
In this case two questions are presented for the consideration of the Court. 1. Is the deed declared on, the deed of the Pejep-scot proprietors ? 2. Admitting it not to be the deed of the Pe-jepscot proprietors, is it the deed of Josiah Little, the defendant?
Where a contract is entered into, or a deed executed in behalf of the government by a duly authorized public agent, and the fact so appears, notwithstanding the agent may have affixed his own name and seal, it is the contract or deed of the government, who alone is…
2Cases cited13 opinions
- Stackpole v. ArnoldMassachusetts Supreme Judicial Court · 1814
- Fowler v. ShearerMassachusetts Supreme Judicial Court · 1810
- Sumner v. WilliamsMassachusetts Supreme Judicial Court · 1811
- Hodgson v. DexterSupreme Court of the United States · 1803
- Long v. ColburnMassachusetts Supreme Judicial Court · 1814
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