Munsey v. Hanly
Supreme Judicial Court of Maine
On exceptions by plaintiff. Overruled. Trespass quare clausum to recover damages alleged to have been committed in July and September, 1905, on land to which the plaintiff’s husband held title in fee at the time of his death in 1899. Tried at the October term, 1906, of the Supreme Judicial Court, Lincoln County. During the trial the plaintiff offered certain testimony which was excluded. To this ruling the plaintiff excepted.
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On exceptions by plaintiff. Overruled. Trespass quare clausum to recover damages alleged to have been committed in July and September, 1905, on land to which the plaintiff’s husband held title in fee at the time of his death in 1899. Tried at the October term, 1906, of the Supreme Judicial Court, Lincoln County. During the trial the plaintiff offered certain testimony which was excluded. To this ruling the plaintiff excepted. At the conclusion of the plaintiff’s evidence, the presiding Justice ordered a nonsuit. To this ruling the plaintiff also excepted. The case appears in the opinion.
1Opinion of the CourtPeabody, J.
This was an action of trespass quare clausum brought by the plaintiff to recover damages of the defendant, for trespasses committed by him July 23 and September 1, 1905, on land to which Merrill Munsey, the husband of the plaintiff, held title in fee during coverture and until his death in the year 1889.
The plaintiff, the widow, with the -five minor children of Merrill Munsey, continued to reside on the land in controversy. Under the statute in force at her husband’s death she was entitled to dower, but it had not been assigned at the time of the alleged trespass.
The only evidence which the…
2Cases cited4 opinions
- Hildreth v. ThompsonMassachusetts Supreme Judicial Court · 1819
- Dorsey v. Dorsey's HeirsCourt of Appeals of Maryland · 1813
- Keener v. KauffmanCourt of Appeals of Maryland · 1860
- Stevens v. StevensSupreme Court of Georgia · 1895
3Cited by4 opinions
- Sargent v. CoolidgeSupreme Judicial Court of Maine · 1979
- Meredith v. MeredithCourt of Appeals of Kentucky · 1921
- Shaw v. McKenzieSupreme Judicial Court of Maine · 1932
- Huddleston v. MillerWest Virginia Supreme Court · 1917