Bennett v. Davis
Supreme Judicial Court of Maine
On Exceptions by Plaintiee. This was a petition for partition of real estate, situated in Cape Elizabeth, brought under R. S., c. 88, the petitioner claiming one-half interest therein, and admitting that the respondent was the owner of the remaining one-half interest. The respondent pleaded that he was the owner and seized of the whole of the real estate described in the petition, and that the petitioner had no interest therein.
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On Exceptions by Plaintiee. This was a petition for partition of real estate, situated in Cape Elizabeth, brought under R. S., c. 88, the petitioner claiming one-half interest therein, and admitting that the respondent was the owner of the remaining one-half interest. The respondent pleaded that he was the owner and seized of the whole of the real estate described in the petition, and that the petitioner had no interest therein. Under these pleadings the presiding justice ordered, under § 9 of said chapter, that there- first be a separate trial of the claim of title of the respondent to the…
1Opinion of the CourtEmery, J.
The petitioner at one time owned in fee one undivided half of the land sought to be divided. The respondent undertakes to show that the petitioner’s estate has been transferred to him. To show this transfer he introduces deeds of the petitioner’s interest in the land from the treasurer of the town of Cape Elizabeth, in which the land is situated, to the town, and then traces title by mesne conveyances from the town to himself. These deeds from the treasurer of the town purport to be official deeds of the land as sold for non-payment of taxes thereon and are regularly executed and recorded.…
2Cases cited5 opinions
- Hagar v. Reclamation District No. 108Supreme Court of the United States · 1884
- Marx v. HanthornSupreme Court of the United States · 1893
- Gilman v. . TuckerNew York Court of Appeals · 1891
- Craig v. FlanaginSupreme Court of Arkansas · 1860
- Pope v. MaconSupreme Court of Arkansas · 1861
3Cited by27 opinions
- Bourjois, Inc. v. ChapmanSupreme Court of the United States · 1937
- R Communications, Inc. v. SharpTexas Supreme Court · 1994
- Matter of LambertCalifornia Supreme Court · 1901
- White v. WardSupreme Court of Alabama · 1908
- Rassner v. Federal Collateral Society, Inc.Michigan Supreme Court · 1941
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