Wilcox v. Cheviott
Supreme Judicial Court of Maine
On Report. Action on account for rents and profits under foreclosure' of mortgage. The jury returned a verdict of $75.by agreement for the plaintiff, subject to the opinion of the court as to whether the action is maintainable. Thereupon the parties agreed to report the case to the law court.
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On Report. Action on account for rents and profits under foreclosure' of mortgage. The jury returned a verdict of $75.by agreement for the plaintiff, subject to the opinion of the court as to whether the action is maintainable. Thereupon the parties agreed to report the case to the law court. They stipulated “that if the law court shall be of the opinion that the action is not maintainable, the verdict for plaintiff is to be set aside and judgment rendered for defendant; otherwise the verdict for. plaintiff is to stand.” The case appears in the opinion. The defendant Cheviott has in his hands…
1Opinion of the CourtSavage, J.
This case comes up on report of the evidence. A verdict for the plaintiff was taken, by consent, with the stipulation that “ if the law court shall be of opinion that the action is not maintainable, the verdict is to be set aside and judgment rendered for the defendant; otherwise the verdict is to stand.”
From the report we gather the following facts: January 7,1895, the plaintiff, purchased of one Babkirk a farm and woodland, subject to a mortgage previously given by Babkirk to the defendant, to secure the payment of $500, according to the tenor of certain promissory notes. May 13, 1896, the…
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