Clarke v. Hilton
Supreme Judicial Court of Maine
ON REPORT. Real action to obtain possession of certain real estate situated in St. Albans. The writ was dated December 2, 1881. Tbe plea was general issue and the following brief statement: " And for brief statement of further defense the said defendant says the premises were owned in fee by his former wife, Ann H. Hilton, at the time of her death on September 30, A. D. 1860 (subject to an incumbrance of mortgage hereinafter mentioned), that her estate was solvent, that she…
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ON REPORT. Real action to obtain possession of certain real estate situated in St. Albans. The writ was dated December 2, 1881. Tbe plea was general issue and the following brief statement: " And for brief statement of further defense the said defendant says the premises were owned in fee by his former wife, Ann H. Hilton, at the time of her death on September 30, A. D. 1860 (subject to an incumbrance of mortgage hereinafter mentioned), that her estate was solvent, that she died intestate and that he, being her husbánd up to the time of her death, was entitled to have the use for life of…
1Opinion of the CourtBarrows, J.
The questions presented by the report are: 1. Is the plaintiff entitled to prevail; and if so to what extent? 2. Is the defendant entitled to betterments ; and if so, under what rule, and within what limits as to time ?
The plaintiff shows title to the demanded premises in herself, and her brother, as heirs at law of their mother, the defendant’s wife, who died in 1860, leaving the defendant and their children in possession, subject to a mortgage to Nancy Hilton, the defendant’s mother, who conveyed the premises to his wife in 1855, receiving at the same time a mortgage conditioned for her…
2Cases cited4 opinions
- Hildreth v. ThompsonMassachusetts Supreme Judicial Court · 1819
- Sheafe v. O'NeilMassachusetts Supreme Judicial Court · 1812
- Runey v. EdmandsMassachusetts Supreme Judicial Court · 1818
- Lessee of Evans v. WebbSupreme Court of Pennsylvania · 1795
3Cited by1 opinion
- Linnell v. SmithSupreme Judicial Court of Maine · 1957