Hatch v. Kimball
Supreme Judicial Court of Maine
This was a writ of entry on the demandant’s own seisin. In support of the action the demandant gave in evidence a quitclaim deed from Stephen Kimball, the tenant, to his brother, Daniel Kimball, dated Dec. 23, 1818; the levy of two executions on the 8th day of Nov. 1827 ; a conveyance from the execution creditors to the demandant; a deed from Daniel Kimball to Leggett Manee, dated November 27, 1828, and a deed from them to the demandant, dated April 25, 1832. The tenant then…
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This was a writ of entry on the demandant’s own seisin. In support of the action the demandant gave in evidence a quitclaim deed from Stephen Kimball, the tenant, to his brother, Daniel Kimball, dated Dec. 23, 1818; the levy of two executions on the 8th day of Nov. 1827 ; a conveyance from the execution creditors to the demandant; a deed from Daniel Kimball to Leggett Manee, dated November 27, 1828, and a deed from them to the demandant, dated April 25, 1832. The tenant then introduced in evidence a bond from the same Daniel Kimball to him, dated the said 23ci of December, 1818, conditioned…
1Opinion of the Court
The action was continued nisi, and the opinion of the Court afterwards drawn up by
Weston C. J.
The deed of the twenty-third of December, 1818, of Stephen Kimball to his brother Daniel, and the bond of the same date, Daniel to Stephen, both relating to the land in controversy, constitute one transaction. The effect was to transfer the legal seisin of the land to Daniel, who was thereupon to hold the same for the use of Stephen, to whom the premises were to be assured by a formal deed upon demand. The stipulations in tbe condition of the bond are the covenants of Daniel, tbe fiilfilment of which…
2Cases cited1 opinion
- Inhabitants of West Springfield v. Inhabitants of GranvilleMassachusetts Supreme Judicial Court · 1808
3Cited by3 opinions
- McClaskey v. O'BrienWest Virginia Supreme Court · 1879
- Fletcher v. ChamberlinSupreme Court of New Hampshire · 1881
- Stantons v. ThompsonSupreme Court of New Hampshire · 1870