Davis v. Callahan
Supreme Judicial Court of Maine
On itKPOiiT. Real action for the possession of a certain house and lot on Lincoln street, Lewiston. By the terms of the report the law court were authorized to draw such inferences of fact as a jury might, and render such judgment as the legal rights of the parties required.
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On itKPOiiT. Real action for the possession of a certain house and lot on Lincoln street, Lewiston. By the terms of the report the law court were authorized to draw such inferences of fact as a jury might, and render such judgment as the legal rights of the parties required. The following is a copy of the will of Daniel Callahan referred to in the opinion : " I, Daniel Coughalane, of Lewiston, in . the county of Androscoggin and state of Maine, being weak in body, but of a sound and perfect mind and memory, do make, publish and declare this my last will and testament, and herein dispose of…
1Opinion of the CourtFoster, J.
This case presents a "comedy of errors.” The title to the demanded premises was formerly in Daniel Callahan. Both parties claim through him as the source of their title. On June 2, 1864, he made, executed and caused to be recorded, a warranty deed of the premises to one Joehanar Callahan— whether his wife or his daughter, is one of the questions in dispute. It is claimed by the plaintiff that the intended grantee *316was Honora Callahan, Daniel’s wife. On the other hand, it is claimed by the defendant that the intended grantee was Johanna Callahan, Daniel’s daughter. But it is admitted that there…
2Cases cited3 opinions
- Carver v. JacksonSupreme Court of the United States · 1830
- Crane v. Lessee of MorrisSupreme Court of the United States · 1832
- Sinclair v. Jackson ex dem. FieldCourt for the Trial of Impeachments and Correction of Errors · 1826
3Cited by11 opinions
- Cassidy v. MurraySupreme Judicial Court of Maine · 1949
- First Portland National Bank v. Kaler-Vaill Memorial HomeSupreme Judicial Court of Maine · 1959
- Furbee v. FurbeeWest Virginia Supreme Court · 1901
- McTigue v. EttienneSupreme Court of Iowa · 1912
- Swan v. SwanSupreme Judicial Court of Maine · 1958
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