Tibbetts v. Tibbetts
Supreme Judicial Court of Maine
On exceptions by plaintiff. This is a petition for partition, made returnable at the October term of Supreme Judicial Court in Lincoln County, at which term the defendant filed a brief statement and the plaintiffs filed a counter brief statement.
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On exceptions by plaintiff. This is a petition for partition, made returnable at the October term of Supreme Judicial Court in Lincoln County, at which term the defendant filed a brief statement and the plaintiffs filed a counter brief statement. Upon hearing, the presiding Justice ruled as matter of law' that under the will of Charles P. Tibbetts, ancestor of the petitioners and from whom they derived their title, the court could not grant the prayer of the petition, and ordered said petition dismissed. To this ruling and the dismissal of said petition, the plaintiffs excepted. The case is…
1Opinion of the CourtSpear, J.
The exceptions state the case as follows:
This is a petition for partition, duly served and made returnable at the October term in Lincoln County, at which term the defendant filed a brief statement and the plaintiffs, a counter brief statement.
Upon hearing the presiding Justice ruled as matter of law that under the provisions of the will of Charles P. Tibbetts, ancestor of the petitioners and from whom they derived their title, the court could not grant the prayer of the petition and ordered said petition dismissed; to which ruling and the dismissal of said petition the plaintiffs seasonably…
2Cases cited2 opinions
- Lyon v. . LyonNew York Court of Appeals · 1875
- Tremont & Suffolk Mills v. City of LowellMassachusetts Supreme Judicial Court · 1896
3Cited by3 opinions
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