Stevens v. Bachelder
Supreme Judicial Court of Maine
Trespass quare clausum. The plaintiff claims title by ■virtue of a deed from John Spear to himself, dated January 28th, 1841, and recorded February 23d, 1841; and to establish title in said Spear he puts into the case the originals and also authenticated copies of the original writs, judgments, executions and officer’s returns thereon, in two suits in favor of said Spear against one Samuel Stevens (senior) from which it appears that in the first suit the writ was dated…
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Trespass quare clausum. The plaintiff claims title by ■virtue of a deed from John Spear to himself, dated January 28th, 1841, and recorded February 23d, 1841; and to establish title in said Spear he puts into the case the originals and also authenticated copies of the original writs, judgments, executions and officer’s returns thereon, in two suits in favor of said Spear against one Samuel Stevens (senior) from which it appears that in the first suit the writ was dated August 14th, 1830, the officer’s return of attachment and service the same day, judgment rendered May 12, 1831, $146,45,…
1Opinion of the Court
The opinion of the Court, was drawn up by
Shepley J.
— It is admitted, that the defendant became the owner of a farm by conveyance from Gilbert Wellman, on October 31, 182!. The testimony exhibited in the case shows, that hé conveyed the same to Samuel Stevens, who entered into possession thereof during the year 1828, but never caused his deed to be recorded.
The plaintiff claims title to a part of that farm, by virtue of the levy of two executions, issued on judgments, recovered by John Spear, against Samuel Stevens, and by a conveyance from Spear to himself. His title to that part covered by…
2Cases cited2 opinions
- Commonwealth v. DudleyMassachusetts Supreme Judicial Court · 1813
- M'Lellan v. WhitneyMassachusetts Supreme Judicial Court · 1818
3Cited by1 opinion
- Irvin v. SmithWisconsin Supreme Court · 1886