Legal Opinion

Brown v. Lunt

Supreme Judicial Court of Maine

Decided July 1, 1854PublishedCited by 27 opinions

On Report from Nisi Prius, Shepley, O. J., presiding. Writ oe Entry demanding a part of the Lunt farm, (so called,) in Westbrook. The demandant claimed title to the premises by virtue of an attachment, made on May 9, 1851, and a subsequent levy in favor of one Baxter against Abraham W. Whitmore; and by a deed of the same from Baxter to himself.

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On Report from Nisi Prius, Shepley, O. J., presiding. Writ oe Entry demanding a part of the Lunt farm, (so called,) in Westbrook. The demandant claimed title to the premises by virtue of an attachment, made on May 9, 1851, and a subsequent levy in favor of one Baxter against Abraham W. Whitmore; and by a deed of the same from Baxter to himself. That judgment was recovered on April 24, 1852, for debt $264,75, and costs $20,63. The levy was completed on May 22, 1852, and the return of the officer on the execution stated, that the land was taken on May 20, the fees of levy were taxed at $15,89,…

1Opinion of the CourtHoward, J.

— These parties derive their respective titles from Whitmore; his title, acquired from Peter Lunt, in 1843, is not in controversy. The demandant claims under an attachment, by a creditor of Whitmore, on May 9, 1851, and a levy of. execution in May, 1852. The tenants hold under a deed from Whitmore to Mrs. Lunt, one of the teriants, and the wife of the other, dated, and purporting to have been exe.cuted on April 3, 1851. The validity of their title though prior in date-to the attachment, is assailed upon the ground, that the deed to Mrs. Lunt, was not so executed and recorded as to pass the…

2Cases cited18 opinions

  1. Fowler v. BebeeMassachusetts Supreme Judicial Court · 1812
  2. People v. HopsonCourt for the Trial of Impeachments and Correction of Errors · 1845
  3. People ex relat. Bush & Higby v. CollinsNew York Supreme Court · 1811
  4. Wilcox v. SmithNew York Supreme Court · 1830
  5. Town of Plymouth v. PainterSupreme Court of Connecticut · 1846

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3Cited by27 opinions

  1. Building & Loan Ass'n v. SohnWest Virginia Supreme Court · 1903
  2. Hussey v. SmithSupreme Court of the United States · 1879
  3. Carleton v. PeopleMichigan Supreme Court · 1862
  4. Cary v. StateSupreme Court of Alabama · 1884
  5. Hamlin v. KassaferOregon Supreme Court · 1887

22 more not listed; retrieve them via the Exa API.

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