Pierce v. Strickland
Supreme Judicial Court of Maine
This action was opened for trial, and after the evidence was all before the jury, they agreed upon the following case, for the opinion of the Court, “This is a writ of entry, dated October 11th, 1841, brought to recover a certain lot of land lying in Hermon in this county.
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This action was opened for trial, and after the evidence was all before the jury, they agreed upon the following case, for the opinion of the Court, “This is a writ of entry, dated October 11th, 1841, brought to recover a certain lot of land lying in Hermon in this county. “ To maintain the issue on his part the demandant introduced a writ in favor of James Bartlett, of Dover, in the State of New Hampshire, against Samuel Smith and others, and the officer’s return thereon, showing that the real estate of said Smith and others, was attached on said Bartlett’s writ, January 20, 1836. Also the…
1Opinion of the Court
The opinion of the Court was prepared by
Whitman C. J.
— A default was entered in this case, after the action had proceeded to trial, upon an agreement between the parties, if the evidence introduced by the plaintiff would not entitle him to recover, that it should be taken off, and the action stand for further trial.
*288The questions presented for our consideration are numerous, and predicated upon supposed defects in levies upon the demanded premises, one under which the plaintiff claims, and another under which the defendant deduces title. The latter having been prior in date, and under an…
2Cases cited2 opinions
- Talmage v. ChapelMassachusetts Supreme Judicial Court · 1819
- Willard v. NasonMassachusetts Supreme Judicial Court · 1809
3Cited by2 opinions
- Bennett v. WilsonCalifornia Supreme Court · 1898
- In re Marchant's EstateWisconsin Supreme Court · 1904