Hazen v. Wright
Supreme Judicial Court of Maine
On exceptions. This was a writ of entry to which the defendant filed at the January term, 1892, in the court below and after one continuance, without enlargement of time therefor, a plea of non tenure to one undivided half part and of nul disseizin to the remainder of the demanded premises.
Read the full summary
On exceptions. This was a writ of entry to which the defendant filed at the January term, 1892, in the court below and after one continuance, without enlargement of time therefor, a plea of non tenure to one undivided half part and of nul disseizin to the remainder of the demanded premises. Thereupon the plaintiff moved to dismiss that part of the plea purporting to be a plea ■ of non tenure or disclaimer ; and the motion being overruled, a demurrer to the plea was filed and joined, which demurrer was overruled and the plea adjudged good. The pleadings are as follows : "And the said Sarah P.…
1Opinion of the CourtHaskell, J.
Writ of entry to recover land. At the second terai the defendant pleaded non tenure with disclaimer as to one undivided half thereof and nul disseizin as to the other half.
Before the statute prohibiting the plea of general non tenure and disclaimer in bar, and requiring that defense to be made in abatement, which must be interposed within the two first days of the return term, such pleas presented traversable facts, that, if proved, might defeat the action. But, since that statute, such defense cannot be interposed at all after the lapse of the time for pleas in abatement. So that any plea of…
2Cited by2 opinions
- Kennedy's Estate v. RichardsonCourt of Appeals of Texas · 1931
- Susi v. DavisSupreme Judicial Court of Maine · 1936