Wilson v. Littlefield
Supreme Judicial Court of Maine
In equity. On appeal. Bill in equity under the provisions of R. S., Chap. 95, Sec. 15, to redeem a mortgage given by plaintiff to John E. Littlefield, defendant’s testate. The principal contention at issue was as to whether a certain receipt for money alleged to have been paid by plaintiff to said John E. Littlfied, should be credited on the note.
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In equity. On appeal. Bill in equity under the provisions of R. S., Chap. 95, Sec. 15, to redeem a mortgage given by plaintiff to John E. Littlefield, defendant’s testate. The principal contention at issue was as to whether a certain receipt for money alleged to have been paid by plaintiff to said John E. Littlfied, should be credited on the note. The cause was heard upon bill, answer and proof before a single Justice without a jury, who found, pro forma, that plaintiff should pay to the defendant one hundred twenty-nine dollars and eleven cents, within a pres-scribed time, from which ruling…
1Opinion of the CourtPhilbrook, J.
This is a proceeding in equity under the provisions of R. S., Chap. 95, Sec. 15, demanding of the executor of a mortgagee a true account of the sum due on the mortgage, and of the rents and profits, and money expended in repairs and improvements, if any, and offering to pay the sum found to be equitably due in full discharge of the mortgage. The case was heard before a single Justice, without a jury, and a finding and decree made and signed in which it was ordered, adjudged and decreed that the plaintiff should pay to the defendant the sum of one hundred twenty-nine dollars and eleven cents…
2Cases cited1 opinion
- Carll v. KerrSupreme Judicial Court of Maine · 1914
3Cited by3 opinions
- Wolf v. W. S. Jordan Co.Supreme Judicial Court of Maine · 1951
- Summit Thread Co. v. CorthellSupreme Judicial Court of Maine · 1934
- Lovejoy v. CoulombeSupreme Judicial Court of Maine · 1957