Howe v. Ward
Supreme Judicial Court of Maine
In this case, which was an action of trespass quare clausum fregiL the defendant justified under an extent made upon the locus in quo July 16, 1824. as the property of one fVaterhov.se ; and the plaintiff claimed the land by virtue of a deed from Waterhouse to him, dated April 5, 1823, subsequent to' which time Waterhouse had continued to occupy the land as his tenant. This conveyance the defendant sought to impeach, on the ground of fraud.
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In this case, which was an action of trespass quare clausum fregiL the defendant justified under an extent made upon the locus in quo July 16, 1824. as the property of one fVaterhov.se ; and the plaintiff claimed the land by virtue of a deed from Waterhouse to him, dated April 5, 1823, subsequent to' which time Waterhouse had continued to occupy the land as his tenant. This conveyance the defendant sought to impeach, on the ground of fraud. At the trial, before Preble J. at the last November term, it appeared on the part of the defendant, that on the 13th day of September 1821 one James…
1Opinion of the Court
Mellen C. J.
delivered the opinion of the court, at the ensuing November term, as follows.
In this case the plaintiff claims title to the locus in quo under a deed from Waterhouse to him, bearing date April 5, 1823 ; and the defendant claims title to it in virtue of the levy of his execu*199tion thereon, as the property of said Waterhouse on the 16th of July 1824. If, as against Ward, the close passed by the deed to the plaintiff, then the objections to the bond and the levy arc of no importance, as the conveyance was prior to the levy. If, as against Ward, the deed was fraudulent and!roid, then…
2Cases cited5 opinions
- Sexton v. WheatonSupreme Court of the United States · 1823
- Hinde's Lessee v. LongworthSupreme Court of the United States · 1826
- Parker v. ProctorMassachusetts Supreme Judicial Court · 1812
- President of the Northampton Bank v. WhitingMassachusetts Supreme Judicial Court · 1815
- Jackson ex dem. Van Alen v. HamNew York Supreme Court · 1818
3Cited by5 opinions
- Lloyd v. FultonSupreme Court of the United States · 1876
- State v. PlaczekSupreme Judicial Court of Maine · 1977
- Bragdon v. WorthleySupreme Judicial Court of Maine · 1959
- Welch v. MorrisSupreme Court of Missouri · 1906
- National Newark & Essex Bank v. HartSupreme Judicial Court of Maine · 1973