Hatch v. Kimball
Supreme Judicial Court of Maine
This is the same writ of entry which was before the Court on the then state of facts of which report is found in 14 Maine 11. 9. The additional facts appearing on the new trial will be found in the opinion of the Court now given.
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This is the same writ of entry which was before the Court on the then state of facts of which report is found in 14 Maine 11. 9. The additional facts appearing on the new trial will be found in the opinion of the Court now given. The counsel for the tenant requested Emery J. before whom the trial was had, to instruct the jury, that if they were satisfied that the tenant did not upon inquiry by the creditors disclaim any right or interest in the property, then they should find their verdict for the tenant. The Judge declined to give the instruction requested, and directed them, that if from…
1Opinion of the Court
The opinion of the Court, after advisement, was drawn up by
Shepley J.
When this case came before the Court on a former occasion, 14 Maine Rey. 9, the tenant was allowed the benefit of an equitable presumption, it being for his interest to keep the mortgage on foot and thereby obtain a title, that he did not intend, by paying it oif, to extinguish it. It was, however, perceived, although there was then no testimony in the case to establish it, that he might by his conduct have forfeited all claim to such equitable presumption. It was then stated, that if he had disclaimed the title, he would…
2Cases cited1 opinion
- The Sarah AnnU.S. Circuit Court for the District of Massachusetts · 1835
3Cited by12 opinions
- Sidener v. PaveyIndiana Supreme Court · 1881
- Ala. Gt. Southern R. R. v. South & North Ala. R. R.Supreme Court of Alabama · 1887
- Burleson v. MaysSupreme Court of Alabama · 1914
- Dunn v. FletcherSupreme Court of Alabama · 1957
- Citizens' Nat. Bank v. First Nat. BankNew Mexico Supreme Court · 1924
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