Sevey v. Chick
Supreme Judicial Court of Maine
ExceptioNs from the Court of Common Pleas. This was a writ of entry wherein the demandant, counting on his own seisin, demanded a tract of land in Wiscasset, and was tried before Smith J. upon the general issuo. The plaintiff, in support of his action, read in evidence a deed from Joseph Munsey to Samuel Munsey, Aug. 14, 1823, and from Samuel Munsey to himself, Sept. 6, 1828, and there rested bis case.
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ExceptioNs from the Court of Common Pleas. This was a writ of entry wherein the demandant, counting on his own seisin, demanded a tract of land in Wiscasset, and was tried before Smith J. upon the general issuo. The plaintiff, in support of his action, read in evidence a deed from Joseph Munsey to Samuel Munsey, Aug. 14, 1823, and from Samuel Munsey to himself, Sept. 6, 1828, and there rested bis case. The tenant then offered in evidence the record of a judgment in favor of Thomas Kennedy against Joseph Munsey, in December, 1826, and an execution upon it, and levy of it upon the demanded…
1Opinion of the Court
The action was continued nisi, and the opinion of the Court subsequently drawn up by
Weston C. J.
The agreement of the immediate parties, by their counsel, in the suit Thomas Kennedy v. Joseph Munsey, and of Michael Sevey for himself, certified by the clerk, is to be regarded as part of the record in that case. It must have been so intended and so received. It gave a direction to the cause, which could not otherwise have been legally admissible. The agreement of Sevey is subjoined to that of the immediate parties, recognizing what they proposed and stipulating that his title should be tried in…
2Cited by1 opinion
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