Borneman v. Sidlinger
Supreme Judicial Court of Maine
This action was originally tried in the Court of Common Pleas, and came before this Court on exceptions to the ruling of the Judge of that Court.
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This action was originally tried in the Court of Common Pleas, and came before this Court on exceptions to the ruling of the Judge of that Court. The case on the exceptions, is reported in 15 Maine Bep. 429. At the trial in this Court before Emery J., the tenants, for tho purpose of proving that the intestate gave the note and mortgage to his daughters and their representatives, as a donatio causa mortis, and delivered the same over for their use, called John Welt, Christian Schweir aud Archibald Robinson, the husbands of the surviving alleged donees, and offered the deposition of a daughter…
1Opinion of the Court
The opinion of the Court was drawn up by
Weston C. J.
This is an action brought to recover land, conveyed in mortgage to the plaintiff's intestate, to secure the payment of a note due from the defendants. It is not pretended that the note has been wholly paid ; and the lien created by the mortgage is still in force for the security of the balance. Whether the beneficial interest in the debt and the mortgage, by which it was collaterally secured, remains in the estate, or was passed by the intestate in his lifetime to his daughters as donees, as is alleged by the defendants in their brief…
2Cited by1 opinion
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