Legal Opinion

Peabody v. Hewett

Supreme Judicial Court of Maine

Decided July 1, 1861PublishedCited by 9 opinions

■■ On Exceptions and Report from Nisi Prius, Tenney, C. J., presiding. Writ op entry. The plaintiffs claim as the heirs of Solomon Peabody. The defendant claims under one Israel Gregory. Stephen Peabody, called by the plaintiffs, testified: — " Solomon Peabody was my father. He died twenty-three years ago. Twenty years ago, mother and I went upon Peabody’s island to get Gregory off from what we thought was our own island.

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■■ On Exceptions and Report from Nisi Prius, Tenney, C. J., presiding. Writ op entry. The plaintiffs claim as the heirs of Solomon Peabody. The defendant claims under one Israel Gregory. Stephen Peabody, called by the plaintiffs, testified: — " Solomon Peabody was my father. He died twenty-three years ago. Twenty years ago, mother and I went upon Peabody’s island to get Gregory off from what we thought was our own island. I saw Gregory; mother and I went to his house on the island; Mother told him father was dead. She presumed the island was in her custody. She presumed she was empowered to…

1Opinion of the Court

The opinion of the Court was drawn by

Tenney, C. J.

The demandants in this action seek to recover a judgment for possession of a tract of land in Muscle Ridge plantation, in the county of Knox, formerly known as Peabody’s island, and more recently as Hewett’s island.

The tenant pleads the general issue, which is joined. He also files a brief statement, claiming what are usually denominated betterments, on two grounds. 1. That, the premises having been in the actual possession of the tenant, and those under whom he claims, for more than six successive years before the commencement of this action,…

2Cases cited1 opinion

  1. Catlin v. WareMassachusetts Supreme Judicial Court · 1812

3Cited by9 opinions

  1. Cordano v. WrightCalifornia Supreme Court · 1911
  2. Madden v. FloydSupreme Court of Alabama · 1881
  3. Hrouska v. JankeWisconsin Supreme Court · 1886
  4. Osceola Fertilizer Co. v. BevilleSupreme Court of Florida · 1923
  5. Sterling v. ParkSupreme Court of Georgia · 1907

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