Soper v. Stevens
Supreme Judicial Court of Maine
Exceptions from the Court of Common Pleas. Assumpsit on the usual money counts to recover a sum paid by the plaintiff to the defendant. The plaintiff proved on the trial, that the defendant sold him a lot of land in Orono, of which he gave him a quitclaim deed, and received as consideration therefor the notes of the plaintiff, one of which was paid, and to recover back that sum this action has been brought.
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Exceptions from the Court of Common Pleas. Assumpsit on the usual money counts to recover a sum paid by the plaintiff to the defendant. The plaintiff proved on the trial, that the defendant sold him a lot of land in Orono, of which he gave him a quitclaim deed, and received as consideration therefor the notes of the plaintiff, one of which was paid, and to recover back that sum this action has been brought. The plaintiff further proved, that soon after this payment he was evicted from the premises by an elder and belter title; that the defendant at the time of the conveyance had no title; and…
1Opinion of the Court
After a continuance, for advisement, the opinion of the Court was delivered by
Emery J.
Can the action on the money counts be maintained against the defendant, to recover the consideration of a quitclaim deed, which the defendant gave to the plaintiff, of a lot of land in Orono, which it was proved the defendant sold to the plaintiff ? The suit is instituted to recover back the amount of one of the notes of the plaintiff, which he gave to the defendant in part of the consideration, and which he has duly paid. It was proved, that soon after the payment, he was evicted by elder and better title,…
2Cases cited2 opinions
- Inhabitants of Lancaster v. PopeMassachusetts Supreme Judicial Court · 1804
- Adams v. BeanMassachusetts Supreme Judicial Court · 1815
3Cited by3 opinions
- McDonough & Co. v. MartinSupreme Court of Georgia · 1892
- Gibson v. RichartIndiana Supreme Court · 1882
- Thorkildsen v. CarpenterMichigan Supreme Court · 1899