Potter v. Titcomb
Supreme Judicial Court of Maine
This was an action of debt brought upon a Probate bond, and is the same case reported in 7 Greenl. 302. The defendant pleaded that, within three months from the granting of letters of administration, viz.
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This was an action of debt brought upon a Probate bond, and is the same case reported in 7 Greenl. 302. The defendant pleaded that, within three months from the granting of letters of administration, viz. Feb. 28, 1804, he did make and return a true inventory of the estate of said Moses Titcomb, including all debts to the estate, which were known and admitted by the defendant to be due; — that he had fully administered the same; — and that before the commencement of this suit he had settled in the Court of Probate, three accounts of administration, and had paid over to the heirs the sum of…
1Opinion of the Court
*63The opinion of the Court was delivered at the ensuing April term in this county by
Mellen C. J.
This case is again before us on special demurrer, in consequence of the amendment of the pleadings under leave granted for that purpose. See 7 Gregnl. 302 — 337. The plaintiff's surrejoinder is the subject of the demurrer; and to the question as to its sufficiency or insufficiency all the authorities produced and arguments urged have had immediate reference.
The plea in bar is intended as a special performance; and as such it has been considered by the plaintiff. In the replication he assigns a…
2Cases cited1 opinion
- Strong v. SmithNew York Supreme Court · 1805
3Cited by2 opinions
- Hartwig v. FlynnSupreme Court of Kansas · 1909
- Poka v. HoliHawaii Supreme Court · 1960