Legal Opinion

Foss v. Stickney

Supreme Judicial Court of Maine

Decided June 15, 1828PublishedCited by 1 opinion

This was a writ of entry. The demandant claimed the premises under a deed from Joseph North. The tenant held under a deed from James Bridge, who had taken this and two other parcels from North by a previous attachment, subsequently perfected by a regular extent.

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This was a writ of entry. The demandant claimed the premises under a deed from Joseph North. The tenant held under a deed from James Bridge, who had taken this and two other parcels from North by a previous attachment, subsequently perfected by a regular extent. The demandant, within the year, cause'd the improvements made by the tenant on this particular parcel, and the rents and ijicome thereof, to be ascertained and certified by three justices of the peace, pursuant to the statute, auci tendered to the tenant the value? of this parcel with the fixtures, deducting tbe rents and income thus…

1Opinion of the Court

Weston J.

delivered the opinion of the Court at the ensuing terns in Somerset.

Several objections are urged by the tenant to the right of the de-mandant to recover in this action. The certificates of the justices, it is insisted, do not positively name the amount at which the land was appraised and taken, on the levy of the execution. The justices do state the amount from the information of the demandant. If stated truly, it is unimportant from what source derived. The sum, accord-ingto the statement of the demandant, exceeded by a few cents the actual amount of the appraisement; but as this…

2Cited by1 opinion

  1. Cross v. WeareSupreme Court of New Hampshire · 1882

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