Wyman v. Brown
Supreme Judicial Court of Maine
Reported from Nisi Prius, Fox, J., presiding. Writ oe entry to recover a tract of land in Palmyra, in the county of Somerset. The defendants are Warren M. Brown, Elvira D. Leathers, his daughter, Daniel R. Loathers, husband of said Elvira, and Lcndall M. Gray. Gray was defaulted. The other defendants, at a subsequent term, jointly pleaded nul disseizin.
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Reported from Nisi Prius, Fox, J., presiding. Writ oe entry to recover a tract of land in Palmyra, in the county of Somerset. The defendants are Warren M. Brown, Elvira D. Leathers, his daughter, Daniel R. Loathers, husband of said Elvira, and Lcndall M. Gray. Gray was defaulted. The other defendants, at a subsequent term, jointly pleaded nul disseizin. The demandant proved the recovery of a judgment by him against said Brown, in the year 1859, and a levy, on the 30th of August, 1861, of his execution, which was issued on said judgment, upon ten acres of the tract demanded, which were…
1Opinion of the Court
The opinion of the Court was drawn up by
Walton, J.
In modern practice the proceedings for the recovery of land are very much simplified. Any estate of freehold, in fee simple, fee tail, for life, or any term of years, may be recovered by a writ of entry. R. S., c. 104, § !•
To a good declaration in a writ of entry four things are necessary: — 1. The premises demanded must be clearly described. 2. The estate which the demandant claims in the premises must be stated, whether it be a fee simple, a fee tail, for life, or for years; and, if for life, then whether for his own life or that of another.…
2Cases cited6 opinions
- Wallis v. WallisMassachusetts Supreme Judicial Court · 1808
- Pray v. PierceMassachusetts Supreme Judicial Court · 1811
- Rogers v. Eagle Fire Co.Court for the Trial of Impeachments and Correction of Errors · 1832
- Wadsworth v. HavensNew York Supreme Court · 1829
- Ricker v. HamMassachusetts Supreme Judicial Court · 1817
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Wilson v. CarricoIndiana Supreme Court · 1895
- O'Day v. MeadowsSupreme Court of Missouri · 1906
- Sargent v. CoolidgeSupreme Judicial Court of Maine · 1979
- Cates v. CatesIndiana Supreme Court · 1893
- McLain v. GarrisonCourt of Appeals of Texas · 1905
17 more not listed; retrieve them via the Exa API.