Merrill v. Washburn
Supreme Judicial Court of Maine
On report. Bill in equity, heard on bill, answer and proofs. The court having sustained the defendant’s demurrer, inserted in the answer, renders a report of the facts unnecessary. The case is otherwise sufficiently stated in the opinion. Argument for the plaintiffs is omitted, no brief being furnished. Counsel cited : R. S., 104, § 47 ; Wright v. Dame, 22 Pick. 55 ; Boynton v. Brastow, 38 Maine, 577 ; Stover v. Poole, 62 Maine, 217 ; Pom.
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On report. Bill in equity, heard on bill, answer and proofs. The court having sustained the defendant’s demurrer, inserted in the answer, renders a report of the facts unnecessary. The case is otherwise sufficiently stated in the opinion. Argument for the plaintiffs is omitted, no brief being furnished. Counsel cited : R. S., 104, § 47 ; Wright v. Dame, 22 Pick. 55 ; Boynton v. Brastow, 38 Maine, 577 ; Stover v. Poole, 62 Maine, 217 ; Pom. Eq. § § 850, 859; Bryant v. Mansfield, 22 Maine, 362; Norris v. Laberee, 58 Id. p. 266 ; Young v. Me Gown, 62 Id. 56.
1Opinion of the CourtEmery, J.
This is an equity cause reported direct to the Law Court, under the statute, (R. S., ch. 77, § 23,) without any hearing before a single justice.
The case stated in the bill is substantially this: Moses C. Merrill died intestate, without issue, leaving certain real estate in Portland, and a widow. These plaintiffs, in default of issue of Merrill, were his legal heirs. They executed and delivered to the widow, for a nominal consideration, a quit-claim deed of the said l’eal estate thus inherited by them from Merrill. This deed was in the usual form of a quit-claim deed of afee,— a conveyance to…
2Cases cited3 opinions
- Hunt v. RhodesSupreme Court of the United States · 1828
- United States v. AthertonSupreme Court of the United States · 1880
- Grosholz v. NewmanSupreme Court of the United States · 1874
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