Brunswick Savings Institution v. Crossman
Supreme Judicial Court of Maine
On. REPORT. Beal action. The opinion states the case and material facts. This action was brought against the mother and such of her children as were on the land at the time. She died pending the suit and the six other' defendants thereupon, became parties. One of these has been defaulted. How does the case stand as to the other five ? If they had any title not derived by inheritance from their mother, they had no occasion or right to come into this suit to defend it.
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On. REPORT. Beal action. The opinion states the case and material facts. This action was brought against the mother and such of her children as were on the land at the time. She died pending the suit and the six other' defendants thereupon, became parties. One of these has been defaulted. How does the case stand as to the other five ? If they had any title not derived by inheritance from their mother, they had no occasion or right to come into this suit to defend it. No judgment obtained by us in this case would have barred such claims if they had not appeared. Judgments conclude nobody…
1Opinion of the CourtEmery, J.
This real action was originally brought against the widow and three of the children of David Crossman, junior, deceased. The widow died and her other six children and heirs-being also the children and heirs of David, were cited and appeared, in defence. The action therefore is now against the children and. heirs of said David Crossman, junior, nine in number. The-land demanded was formerly a part of the farm of David Cross-man, senior, in Durham, which farm was at some time, as both-sides seem to admit, divided into two unequal parts, the eastern five-eighths parcel passing to David Crossman,…
2Cases cited1 opinion
- Lovejoy v. LovettMassachusetts Supreme Judicial Court · 1878
3Cited by2 opinions
- Bender v. ChewSupreme Court of Louisiana · 1911
- Phillips v. BrownSupreme Court of Rhode Island · 1888