Pope v. Cutler
Supreme Judicial Court of Maine
The facts pertinent to the understanding of this case are stated in the opinion of the Court. The trial was before Emery J. when several other questions were raised. On this point, the jury were instructed, that the levy of the defendant, Cutler, was seasonably recorded, and that he acquired a title to the land in controversy by that levy against the title under which the intestate claimed, the defendants being prior in point of time.
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The facts pertinent to the understanding of this case are stated in the opinion of the Court. The trial was before Emery J. when several other questions were raised. On this point, the jury were instructed, that the levy of the defendant, Cutler, was seasonably recorded, and that he acquired a title to the land in controversy by that levy against the title under which the intestate claimed, the defendants being prior in point of time. The verdict was for the defendant, but was to be set aside, if the instruction was erroneous. contended, that the whole proceedings in a levy upon land have…
1Opinion of the Court
The opinion of the Court was drawn up by
Shepley J.
— The plaintiff has been admitted to prosecute an action of trespass commenced by his intestate, John Lemist, against the defendant for taking and converting to his own use certain mill logs alleged to be the property of the intestate. Both parties claimed to be the owners of lot numbered forty-three in plantation numbered eighteen, and to have derived their titles to it from Josiah Miles. The defendant caused the lot *107to be attached on September 7, 1830, on a writ in his favor against Miles, on which judgment was recovered on September 26,…
2Cases cited2 opinions
- Heywood v. HildrethMassachusetts Supreme Judicial Court · 1812
- Waterhouse v. WaiteMassachusetts Supreme Judicial Court · 1814
3Cited by1 opinion
- Ellison v. WilsonSupreme Court of Vermont · 1863