Legal Opinion

Rowell v. Jewett

Supreme Judicial Court of Maine

Decided March 28, 1879PublishedCited by 6 opinions

Bill in equity, heard on bill, answer and proof. On August 21, 1865, David Mitchell and his wife Eliza Mitchell, purchased a farm together with forty-four acres of other land of Scamman Burrill for $4,000, and paid down $2,130. The premises were conveyed to Eliza Mitchell and Eifield Mitchell, the youngest son of David and Eliza.

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Bill in equity, heard on bill, answer and proof. On August 21, 1865, David Mitchell and his wife Eliza Mitchell, purchased a farm together with forty-four acres of other land of Scamman Burrill for $4,000, and paid down $2,130. The premises were conveyed to Eliza Mitchell and Eifield Mitchell, the youngest son of David and Eliza. At the same time Eliza and Eifield gave to Burrill their four joint promissory notes for $1,970, balance of purchase money, 'and secured the payment thereof by their joint mortgage of the premises. At the same time, Eliza Mitchell (her husband David joining in the…

1Opinion of the CourtBarrows, J.

The transactions out of which this suit has arisen are mostly stated in the report of the case of Rowell v. Mitchell 68 Maine, 21.

That was a suit at law, originally brought by Eliza Mitchell, the mother of the plaintiff, and after her death prosecuted by the plaintiff as her devisee, for the possession of an undivided half of a certain farm, against this defendant and Fifield Mitchell, who was originally a tenant in common with Eliza, of the said farm, which the plaintiff here seeks to redeem from their joint mortgage given to Scamman Bnrrill, and now held by the defendant.

The plaintiff was…

2Cases cited2 opinions

  1. Patterson v. MillerCourt of Appeals of Kentucky · 1859
  2. Grant v. DuaneCourt for the Trial of Impeachments and Correction of Errors · 1812

3Cited by6 opinions

  1. Lindsay v. GlassIndiana Supreme Court · 1889
  2. McArthur v. . GordonNew York Court of Appeals · 1891
  3. Blose v. BloseSupreme Court of Virginia · 1915
  4. Flinn v. BosoWest Virginia Supreme Court · 1917
  5. Jancovech v. Christensen, Gdn.Indiana Court of Appeals · 1935

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