French v. Patterson
Supreme Judicial Court of Maine
ON REPORT. February 10, 1869, the plaintiff brought this action to recover certain land in Augusta, claimed by the defendant under a tax-deed from the city.
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ON REPORT. February 10, 1869, the plaintiff brought this action to recover certain land in Augusta, claimed by the defendant under a tax-deed from the city. She derived her title thus : Elias Craig, then owning the estate, conveyed it Nov. 4, 1861, to Louisa Emerson, who, by her last will executed March 27, 1866, and admitted to probate the fourth Tuesday of the following May, devised it, under the residuary clause of that instrument, in these . words : “ I give and bequeath all the residue of my property both real and personal to Orrin Emerson, jr., of Bath, in the county of Sagada-hoc, and…
1Opinion of the CourtDicKekson, J.
Writ of entry. The plaintiff claims title under a warrantee deed from Elias Craig to Louisa Emerson, dated Nov. 4, 1861, the will of Louisa Emerson, probated in May, 1866, and a deed signed by Orrin Emerson, jr., executor of Louisa Emerson and Orrin Emerson, dated Sept. 28, 1867.
Louisa Emerson acquired a valid title to the demanded premises by the Craig- deed, and held that title at the time of her death. Did the deed of Orrin Emerson, jr., her executor, signed also bjr Orrin Emerson, her husband, convey her title to the plaintiff? Orrin Emerson, jr., gave that deed in his capacity as…
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