Davis v. Dudley
Supreme Judicial Court of Maine
On report. The three actions were reported for the law court to determine the title between the parties. The first two actions are trespass quare clausum. Davis and Shaw both claim title under deed from Francis 0. Dudley to Parker D. Shaw, dated November 27, 1868, Shaw having subsequently conveyed a portion of the premises to Davis. Francis 0. Dudley was born April 17, 1848, and therefore was a minor .at the date of his deed to Shaw.
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On report. The three actions were reported for the law court to determine the title between the parties. The first two actions are trespass quare clausum. Davis and Shaw both claim title under deed from Francis 0. Dudley to Parker D. Shaw, dated November 27, 1868, Shaw having subsequently conveyed a portion of the premises to Davis. Francis 0. Dudley was born April 17, 1848, and therefore was a minor .at the date of his deed to Shaw. April 22, 1878, nine years after attaining his majority, Dudley taking his brother with him as a witness, made an entry upon the premises described in that deed,…
1Opinion of the CourtDanb'oeth, J.
The last named of these three cases, that of Dudley v. Shaw, is a real action. It is conceded that the title to the land described in the writ was originally in the plaintiff. The tenants claim under a deed from him. The execution of the deed is not denied, but the case finds that when it was given the grantor was a minor. The deed is dated November 27, 1868, and the plaintiff became of age April 17, following. On the 22d day of April, 1878, the plaintiff entered upon the land claiming to own it. After the sale and before this entry the tenants had built buildings thereon and made valuable…
2Cases cited2 opinions
- TUCKER v. MorelandSupreme Court of the United States · 1836
- Jackson ex dem. Wallace v. CarpenterNew York Supreme Court · 1814
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- Jellings v. Pioneer Mill Co.Hawaii Supreme Court · 1927
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