Brown v. Brown
Supreme Judicial Court of Maine
On bepobt. Wbit oe entey, to recover two-thirds part of a lime rock quarry, and damages for rock taken out by the defendant, dated February 23, 1875. Plea, general issue. The plaintiffs and the defendant, are brothers, and only surviving children of Oliver B. Brown, who was the owner of the premises for more than twenty years, and until he died, November 15, 1873, unless they were conveyed by the deed to the defendant, hereinafter mentioned.
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On bepobt. Wbit oe entey, to recover two-thirds part of a lime rock quarry, and damages for rock taken out by the defendant, dated February 23, 1875. Plea, general issue. The plaintiffs and the defendant, are brothers, and only surviving children of Oliver B. Brown, who was the owner of the premises for more than twenty years, and until he died, November 15, 1873, unless they were conveyed by the deed to the defendant, hereinafter mentioned. Oliver B. Brown made four separate deeds of real estate, one to each of his three living children, and one to the two sons of his deceased daughter, each…
1Opinion of the CourtVirgin, J.
It is admitted that the deed from Oliver B. Brown to the defendant was signed and acknowledged, but- the delivery is denied. All the facts pertaining to the delivery are also admitted ; and the question submitted is whether they amount in law to delivery. If they do not, “the defendant is to be defaulted.”
The deed in question (with three others to as many named grantees, together with his last will and testament) was committed by the grantor to one Lovejoy “for safe keeping and delivery” with written instructions in which is found the following language. “I am not unmindful that in this world…
2Cases cited7 opinions
- Wheelwright v. WheelwrightMassachusetts Supreme Judicial Court · 1807
- Prutsman v. BakerWisconsin Supreme Court · 1872
- Younge v. GuilbeauSupreme Court of the United States · 1866
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- Hawkes v. PikeMassachusetts Supreme Judicial Court · 1870
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3Cited by18 opinions
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