Elwell v. Shaw
Supreme Judicial Court of Maine
This cause was ordered to a new trial by the Supreme Judicial Court of Massachusetts immediately before the separation of Maine from that State, by a written order of the Court transmitted from Boston to the Clerk of this county.
Read the full summary
This cause was ordered to a new trial by the Supreme Judicial Court of Massachusetts immediately before the separation of Maine from that State, by a written order of the Court transmitted from Boston to the Clerk of this county. But the report of the case not being as yet printed, [since published in 16 Mass. 42.] and the principles of the decision not having been distinctly ascertained, it was opened de novo at October term 1820. The tenant claimed title, as before, under Jonathan Elwell, the demandant, by virtue of a deed executed by Joshua Elwell his attorney, whose authority to make a…
1Opinion of the Court
*342The cause being continued nisi for advisement, the opinion of the Court was delivered at the succeeding term in Cumberland, to the following effect, by
Weston J.
As to the first question made in this action, it having been agitated before the Supreme Judicial Court of Massachusetts, and by them solemnly decided upon mature consideration, we do not feel ourselves at liberty to re-examine the grounds of that decision, and to sustain the objections which have been urged against it. Our predecessors felt strongly the equity of the case made by the tenant, and manifested a disposition to have…
2Cases cited2 opinions
- Libby v. BurnhamMassachusetts Supreme Judicial Court · 1818
- Lovejoy v. WebberMassachusetts Supreme Judicial Court · 1813
3Cited by2 opinions
- Cottle v. Union Pac. R.Court of Appeals for the Eighth Circuit · 1912
- Young v. JoslinSupreme Court of Rhode Island · 1882