Legal Opinion

Webster v. Gilman

U.S. Circuit Court for the District of Maine

Decided May 15, 1841PublishedCited by 5 opinions

Writ of entry, dated the 15th of February, 1838. The demandant [Henry Webster], describing himself as an alien, subject of Great Britain, and averring, that he had never been a citizen of the United States, or any part of the same, in his count demanded a certain tract of land, situated in Mercer, in the county of Somerset, and state of Maine, being part of the fifteen mile lot D. 2, fo'r-merly a portion of the Plymouth Company proprietary lands on the Kennebec, of which the…

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Writ of entry, dated the 15th of February, 1838. The demandant [Henry Webster], describing himself as an alien, subject of Great Britain, and averring, that he had never been a citizen of the United States, or any part of the same, in his count demanded a certain tract of land, situated in Mercer, in the county of Somerset, and state of Maine, being part of the fifteen mile lot D. 2, fo'r-merly a portion of the Plymouth Company proprietary lands on the Kennebec, of which the demandant claimed to have been seised in his demesne as of freehold within twenty years, and complained of a disseisin…

1Opinion of the Court

STORY, Circuit Justice.

This cause has been very well argued; but. upon the actual posture of tlie pleadings and evidence, we do not enter- j tain any doubt whatsoever, that our judgment j ought to be for the tenant. The writ- is a writ of entry, brought by the demandant, counting upon his own seisin within twenty years, as of a freehold; and upon the general issue of nul disseisin, the cause came on for trial. The title of the demandant may be shortly stated, as arising in this manner. Florentius Vassal (his ancestor) being on the 20th of September. 1777, seised of the demanded premises, made…

2Cited by5 opinions

  1. Defreese v. LakeMichigan Supreme Court · 1896
  2. Adkins v. SpurlockWest Virginia Supreme Court · 1899
  3. Fiske v. Heirs at Law of FiskeSupreme Court of Rhode Island · 1904
  4. Wallace v. Executors of McMickenOhio Superior Court, Cincinnati · 1859
  5. Riggs v. McMullenCourt of Appeals for the D.C. Circuit · 1933

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