Sposedo v. Merriman
Supreme Judicial Court of Maine
On appeal from final decree below. Decree below affirmed with additional costs. This is a bill in equity, brought under the provisions of Revised Statutes, chapter 92, section 15, to redeem certain real estate, situated at junction of Portland and Oxford Streets in Portland, Maine, from certain conveyances claimed by the plaintiff to be equitable mortgages, and which he has a right to redeem.
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On appeal from final decree below. Decree below affirmed with additional costs. This is a bill in equity, brought under the provisions of Revised Statutes, chapter 92, section 15, to redeem certain real estate, situated at junction of Portland and Oxford Streets in Portland, Maine, from certain conveyances claimed by the plaintiff to be equitable mortgages, and which he has a right to redeem. The cause was heard by a single Justice of this court, who sustained the bill against Percival P. Baxter, George E. MacGowan and Charles F. Merriman and dismissed the bill as to James P. Baxter. A final…
1Opinion of the CourtKing, J.
The well established rule in this State is that the decision of a jingle Justice upon matters of fact in an equity case should not be reversed unless the appellate court is clearly convinced of its incorrectness, the burden being on the appealing party to prove the error. Young v. Witham, 75 Maine, 536; Paul v. Frye, 80 Maine, 26; Sidelinger v. Bliss, 95 Maine, 316; Herlihy v. Coney, 99 Maine, 469; Railroad Co. v. Dubay, 109 Maine, 29. In Young v. Witham, supra, Peters, C. J., well said: “There is good reason for the rule in our practice. Cases are now heard befort a single Judge mostly upon…
2Cases cited3 opinions
- House v. MetcalfSupreme Court of Connecticut · 1858
- O'Brien v. MurphyMassachusetts Supreme Judicial Court · 1905
- Stevens v. MinerMassachusetts Supreme Judicial Court · 1872
3Cited by8 opinions
- Gosselin v. Better Homes, Inc.Supreme Judicial Court of Maine · 1969
- Caro v. WollenbergOregon Supreme Court · 1917
- People's Savings Bank v. ChesleySupreme Judicial Court of Maine · 1942
- Goodale v. WilsonSupreme Judicial Court of Maine · 1936
- McDonough v. Portland Savings BankSupreme Judicial Court of Maine · 1938
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