Upham v. Bradley
Supreme Judicial Court of Maine
Exceptions from the Court of Common Pleas, Petihaji J. presiding. This was a petition for partition of a township of land, the petitioners claiming one third part, entered at tho January Term, 1837. The respondent came in, and at the January Term, 1838,. moved to dismiss the process, and on the motion being overruled, filed a plea of sole seizin of the premises, traversing the seizin of the petitioners, and filed the following brief statement.
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Exceptions from the Court of Common Pleas, Petihaji J. presiding. This was a petition for partition of a township of land, the petitioners claiming one third part, entered at tho January Term, 1837. The respondent came in, and at the January Term, 1838,. moved to dismiss the process, and on the motion being overruled, filed a plea of sole seizin of the premises, traversing the seizin of the petitioners, and filed the following brief statement. That the said petitioners at the time of prefering their said petition were not and now are not seized and possessed jointly of one third part of said…
1Opinion of the Court
The opinion of the Court, was drawn up by
Si-iepeey J.
It appears from the exceptions, that the petitioners filed their petition in this county, praying that one third part of the township designated as letter B in the seventh range of townships, from the easterly line of the State, might be set off to them. The township was within the county, but it was not so alleged in the petition ; and for this cause the respondent’s counsel moved the Court to dismiss it for want of jurisdiction. It is only where it is apparent on the record, that the Court has not jurisdiction, that the process will be…
2Cases cited2 opinions
- Willington v. GaleMassachusetts Supreme Judicial Court · 1810
- Gage v. GannetMassachusetts Supreme Judicial Court · 1813
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- Buckmaster v. WilliamsSupreme Court of Colorado · 1923