Martin v. Smith
Supreme Judicial Court of Maine
On report. Report discharged and action remitted to nisi prius. Real action to recover possession of certain real estate in the town of Marion, Washington County. Tried at the January term, 1906, of the Supreme Judicial Court, Washington County. The plaintiffs introduced in evidence a mortgage of the demanded premises, given by the defendants to the plaintiffs dated December 11, 1902|~oi the following tenor, to wit: “Know all men by these presents, That we, Benj.
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On report. Report discharged and action remitted to nisi prius. Real action to recover possession of certain real estate in the town of Marion, Washington County. Tried at the January term, 1906, of the Supreme Judicial Court, Washington County. The plaintiffs introduced in evidence a mortgage of the demanded premises, given by the defendants to the plaintiffs dated December 11, 1902|~oi the following tenor, to wit: “Know all men by these presents, That we, Benj. L. Smith and Abbie R. Smith, both of Marion in said County and State, in consideration of four hundred twenty-five dollars paid by…
1Opinion of the CourtEmery, J.
This action is reported to the Law Court for decision of “all questions of law and fact involved.” There is no limitation of the defense to any pleadings, and hence the court can give effect to any contention in defense which is supported by the evidence and could have been pleaded in the action. The action is a writ of entry or real action, and the plaintiff’s title and right of possession are apparently sustained by a foreclosed mortgage of the demanded land from the defendants themselves. The defendants contend, however, and only contend, (1) that the mortgage by its terms is subject to a…
2Cited by6 opinions
- Yamashiro v. CostaHawaii Supreme Court · 1921
- Billings v. BillingsWashington Supreme Court · 1930
- Wolff v. GibneySupreme Judicial Court of Maine · 1978
- Rancourt v. NicholsSupreme Judicial Court of Maine · 1943
- Roth v. BowmanSupreme Court of Florida · 1931
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