Andrews v. Dyer
Supreme Judicial Court of Maine
On report. Real action to recover certain land on Big Green Island.' The court were to render such judgment as the law and facts require. The findings of fact by the court appear in the opinion. To the question of law counsel, in addition to the authorities in his former argument cited: Gillespie v. Rogers, 146 Mass. 610. The counsel relied upon the authorities cited by him in his formor argument, and contended tliat the question here is not one of identity.
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On report. Real action to recover certain land on Big Green Island.' The court were to render such judgment as the law and facts require. The findings of fact by the court appear in the opinion. To the question of law counsel, in addition to the authorities in his former argument cited: Gillespie v. Rogers, 146 Mass. 610. The counsel relied upon the authorities cited by him in his formor argument, and contended tliat the question here is not one of identity. It is not proposed to show that Melissa A. Andrews was ever known as Mercy A. Andrews, and she cannot be identified as the grantee named…
1Opinion of the CourtEmery, J.
On report. The following are found by the court to be the facts:—
In 1875 James Andrews, intending to convey certain land to his wife, Melissa A. Andrews, went with her to a lawyer’s office, and in her presence instructed the lawyer to make a deed to her of the land. The lawyer, misunderstanding the Christian name of the wife, wrote the name “Mercy A. Andrews,” as the grantee in the deed. Mr. Andrews executed the deed before the lawyer, and delivered it to his wife Melissa, as her deed of the land. She had the deed duly recorded. The husband afterward leased the land to the tenants. The wife,…
2Cases cited1 opinion
- Jackson ex dem. Dickson v. StanleyNew York Supreme Court · 1813
3Cited by10 opinions
- Wilson v. WhiteCalifornia Supreme Court · 1890
- Simmons v. . AllisonSupreme Court of North Carolina · 1896
- Salmer v. LathropSouth Dakota Supreme Court · 1897
- Fitzgerald v. Phelps & Bigelow Windmill Co.West Virginia Supreme Court · 1896
- Chapman v. TysonWashington Supreme Court · 1905
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