Legal Opinion

Jordan v. Record

Supreme Judicial Court of Maine

Decided May 29, 1879PublishedCited by 2 opinions

On exceptions. Writ or entry. The only question raised was the sufficiency of the following declaration: “Wherein the plaintiff demands against the said Calvin Record the possession of the following described real estate situate in Auburn in said county of Androscoggin and bounded and described as follows, to wit: a certain lot or parcel of land and the buildings thereon standing, bounded on the north by Academy street, in said Auburn ; on the east by the Fuller lot…

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On exceptions. Writ or entry. The only question raised was the sufficiency of the following declaration: “Wherein the plaintiff demands against the said Calvin Record the possession of the following described real estate situate in Auburn in said county of Androscoggin and bounded and described as follows, to wit: a certain lot or parcel of land and the buildings thereon standing, bounded on the north by Academy street, in said Auburn ; on the east by the Fuller lot (formerly Stephen Rowe lot); on the south and westerly side by a ravine owned by James Woodbury. Whereupon the plaintiff says…

1Opinion of the CourtBarrows, J.

The defendant seeks to sustain his demurrer by a distinction too subtle to be admitted. It is true the statute requires the demandant to “set forth the estate he claims in the premises, whether in fee simple, fee tail, for life or for years;” and failing to do this his declaration would be fatally defective.

*531But the terms “fee” and “fee simple” are used indifferently by the best law-writers to express the same quantity of estate.

Thus, 2 Blackstone Com. 104-106: “Tenant in fee simple (or, as he is frequently styled, tenant in fee) is he that hath lands, tenements, or hereditaments, to hold to…

2Cited by2 opinions

  1. In Re ForsstromArizona Supreme Court · 1934
  2. Williams v. State Highway CommissionSupreme Judicial Court of Maine · 1961

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