Little v. Larrabee
Supreme Judicial Court of Maine
This was a writ of entry in which the demandant counted upon his own seisin within thirty years and a disseisin by the tenant. At the. trial, which was upon the issue of nul disseisin, the finding of the jury .was, that the tenant did disseise the demandant in manner and form^as ■ alleged in the declaration; which verdict was received and recorded by the Court, and the jurors separated.
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This was a writ of entry in which the demandant counted upon his own seisin within thirty years and a disseisin by the tenant. At the. trial, which was upon the issue of nul disseisin, the finding of the jury .was, that the tenant did disseise the demandant in manner and form^as ■ alleged in the declaration; which verdict was received and recorded by the Court, and the jurors separated. After this the jurors discovered that they had misunderstood the'legal terms in which they had drawn up their verdict, and that they had returned a verdict for the demandant, instead of one fqr the tenant,…
1Opinion of the Court
Mellen C. J.
delivered the opinion of the Court as follows. It appears by the defendant’s motion and the affidavits o.f the jury, taken de bene esse in support of it, that they intended to return their verdict in favour of the tenant; although as writ? ten and signed by the foreman and affirmed by the Court, it is a plain and unequivocal verdict in favour of the demandants :— or, in other words, that they used language which did not convey thejr meaning. — This was not discovered till after the jury had separated and had an opportunity of conversing tyith the parties ; by means of which the…
2Cases cited5 opinions
- Brotton v. LangertWashington Supreme Court · 1890
- Dana v. TuckerNew York Supreme Court · 1809
- Grinnell v. PhillipsMassachusetts Supreme Judicial Court · 1805
- Jackson ex dem. Noah v. Dickenson & ThompsonNew York Supreme Court · 1818
- Smith v. CheethamNew York Supreme Court · 1805
3Cited by4 opinions
- Dietz v. BouldinSupreme Court of the United States · 2016
- Patterson v. RossignolSupreme Judicial Court of Maine · 1968
- McBean v. StateWisconsin Supreme Court · 1892
- De Blois v. DunklingSupreme Judicial Court of Maine · 1950