Marshall v. Walker
Supreme Judicial Court of Maine
On Exceptions' by Dependant. Tbis was a petition inserted in a writ, brought under R. S., c. 104, §§47 and 48, to compel the respondent to bring an action to try the title, which it is alleged he claims, to certain real estate described in the petition. At the return term the respondent filed a general demurrer, which the presiding justice overruled, and ordered the defendant to answer, to which the defendant duly excepted. The case appears in the opinion.
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On Exceptions' by Dependant. Tbis was a petition inserted in a writ, brought under R. S., c. 104, §§47 and 48, to compel the respondent to bring an action to try the title, which it is alleged he claims, to certain real estate described in the petition. At the return term the respondent filed a general demurrer, which the presiding justice overruled, and ordered the defendant to answer, to which the defendant duly excepted. The case appears in the opinion. The owner of land in possession, who finds some party entering upon his premises and interfering with his use thereof, in what he…
1Opinion of the CourtHaskell, J.
This is a petition under R. S., e. 104, § 47, to quiet title to land. The plaintiff alleges that he is in possession of *535certain upland and flats, describing them, claiming an estate of freehold therein, to wit, a fee simple, and that he is credibly informed and believes that defendant claims title in fee to a part thereof, describing it; wherefore he prays that defendant show cause why he should not bring an action to try his title thereto. Defendant does so by interposing a general demurrer at the first term, which was overruled and he has exception.
The plaintiff, to maintain his petition,…
2Cases cited6 opinions
- Prescott v. NeversU.S. Circuit Court for the District of Maine · 1827
- Tompkins v. WymanMassachusetts Supreme Judicial Court · 1875
- Leary v. DuffMassachusetts Supreme Judicial Court · 1884
- Orthodox Congregational Society v. Inhabitants of GreenwichMassachusetts Supreme Judicial Court · 1887
- Boston Manufacturing Co. v. BurginMassachusetts Supreme Judicial Court · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Bell v. Town of WellsSupreme Judicial Court of Maine · 1989
- Bell v. Town of WellsSupreme Judicial Court of Maine · 1986
- Lewien v. CohenSupreme Judicial Court of Maine · 1981
- Norton v. Town of Long IslandSupreme Judicial Court of Maine · 2005
- State v. NortonSupreme Judicial Court of Maine · 1975
11 more not listed; retrieve them via the Exa API.