Eldridge v. Preble
Supreme Judicial Court of Maine
On Report from Nisi Prius, Tenney, J. presiding. Writ of Entry brought in 1850. The demandant read a deed of the land from the State to herself, made in 1845. At the date of the deed she was the wife of Leonard Eldridge, and has so continued to the present time. At the time of the trial, the tenant filed a plea of general issue, with brief statement that he holds merely as tenant to William A. Preble.
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On Report from Nisi Prius, Tenney, J. presiding. Writ of Entry brought in 1850. The demandant read a deed of the land from the State to herself, made in 1845. At the date of the deed she was the wife of Leonard Eldridge, and has so continued to the present time. At the time of the trial, the tenant filed a plea of general issue, with brief statement that he holds merely as tenant to William A. Preble. The demandant objected to the plea, on the ground that it was in the nature of a plea in abatement, and should have been filed at an earlier stage of the case, as prescribed for such pleas by…
1Opinion of the Court
The opinion of the Court, Shepley, C. J., Wells, Rice, Hathaway and Appleton, J. J., was drawn up by
Hathaway, J.
The demandant, a married woman, claims the demanded premises under a deed from the State of Maine, dated August 26, 1845.
At the time of the trial she was, and had been for fifteen years, the wife of Leonard Eldridge. The defendant claims title to the same premises by virtue of the levy of an execution thereon, March 7, 1846, as the property of said Leonard Eldridge, which execution was issued on a judgment recovered against said Leonard &. al. in favor of Albert Merrill, *151assignee of…
2Cited by1 opinion
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