Legal Opinion

Foster v. Prentiss

Supreme Judicial Court of Maine

Decided June 5, 1883PublishedCited by 2 opinions

On report. These were actions of trover to recover the value of certain machinery and. tools ; the plaintiff in the first suit received her title to- the property named in her writ from the plaintiff in the second suit and it consisted of the machinery in the planing mill. The writs were dated July 12, 1880. The plea in each case was general issue. The cases were tried together. The opinion states the material facts. cited ; Pickard v..

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On report. These were actions of trover to recover the value of certain machinery and. tools ; the plaintiff in the first suit received her title to- the property named in her writ from the plaintiff in the second suit and it consisted of the machinery in the planing mill. The writs were dated July 12, 1880. The plea in each case was general issue. The cases were tried together. The opinion states the material facts. cited ; Pickard v.. Sears, 6 Ad. and El. 469 ; Welland Canal Co. v. Hathaway, 8 Wend. 483; Lajgham v. Horton, 71 Maine, 88. contended that the bank never intended to and never…

1Opinion of the CourtSvmonds, J.

Trover for machinery, tools and other articles, claimed by the plaintiffs as their personal property, hy the defendant as parts of real estate purchased by him.

The land, "with the steam-mill fixtures, machinery, buildings,” was conveyed to- the Bangor Savings Bank by the firm of Palmer and Johnson, October 8, 1869, by a deed of warranty intended only as a mortgage. That firm on April 1, 1873, transferred its business to the new firm of Palmer, Johnson and Company which, continued in the occupation of the premises from that time till the bank took possession under its deed in November, 1877.…

2Cited by2 opinions

  1. Richards v. GilbertSupreme Court of Georgia · 1902
  2. Cook v. CondonCourt of Appeals of Kansas · 1897

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