Legal Opinion

Smith v. Libby

Supreme Judicial Court of Maine

Decided March 30, 1906PublishedCited by 1 opinion

On exceptions by plaintiff. Petition under Eevised Statutes, chapter 106, section 47, asking that the defendants, Albert H. Libby, Ann G. Kimball, Henry Adamson, Clara E. Anderson, Arthur S. Anderson, Robert H. Anderson, Wilbur A. Anderson, the Town of Falmouth and persons unknown, “ claiming either individually or as citizens or. residents of said Town of Falmouth, or as members of the public,” be summoned to show cause why they should not bring an action to try their claim…

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On exceptions by plaintiff. Petition under Eevised Statutes, chapter 106, section 47, asking that the defendants, Albert H. Libby, Ann G. Kimball, Henry Adamson, Clara E. Anderson, Arthur S. Anderson, Robert H. Anderson, Wilbur A. Anderson, the Town of Falmouth and persons unknown, “ claiming either individually or as citizens or. residents of said Town of Falmouth, or as members of the public,” be summoned to show cause why they should not bring an action to try their claim of title to the premises therein described. The defendants, Albert H. Libby, Ann G. Kimball and Henry Adamson each…

1Opinion of the CourtWhitehouse, J.

This was. a .petition asking that the defendants be summoned to show cause why they should not bring an action to try their claim of title to the premises therein described. It is founded on section 47 of chapter 106 of the Revised Statutes, which provides as follows: “ A. person in possession of real property, claiming an estate of freehold therein or an unexpired term of not less than ten years, or a person who has conveyed such property or any interest therein with covenants of title .or warranty, upon .which he may be liable, may, if he, or those under whom he claims, or those claiming…

2Cases cited3 opinions

  1. Orthodox Congregational Society v. Inhabitants of GreenwichMassachusetts Supreme Judicial Court · 1887
  2. Boston Manufacturing Co. v. BurginMassachusetts Supreme Judicial Court · 1874
  3. May v. New England RailroadMassachusetts Supreme Judicial Court · 1898

3Cited by1 opinion

  1. Chickering v. YatesSupreme Judicial Court of Maine · 1980

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