Getchell v. Whittemore
Supreme Judicial Court of Maine
ON REPORT. Writ of entry, wherein the plaintiff demands a certain lot of land in East Machias, embracing what is marked on the plan as the Getchell lot, and the S. H. Whittemore homestead. Plea, nul disseizen, and brief statement.
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ON REPORT. Writ of entry, wherein the plaintiff demands a certain lot of land in East Machias, embracing what is marked on the plan as the Getchell lot, and the S. H. Whittemore homestead. Plea, nul disseizen, and brief statement. The plaintiffs’ title was by a mortgage from the defendant to them, September 11, 1875, which contained the following description : "A certain lot or parcel of land with the buildings thereon, situated in East Machias, and being the same premises which were conveyed to me by Urban L. Hitchcock and his wife, Mary G. Hitchcock, by deed dated July 16, 1855, recorded in…
1Opinion of the CourtDaNfokth, J.
This is a real action involving the title to a portion only of the land described in the writ. That portion is the lot marked upon the accompanying plan, "S. TI. Whittemore homestead.” The remainder of the land described, it is conceded, belongs to the plaintiffs. The defendant is in possession, and defends as to the lot in dispute on the ground of a prior mortgage to other parties, and an entire want of title in the plaintiffs. Whether this mortgage is prior to any title in the plaintiffs, is not material in this case, as the defendant shows no claim under it, unless possibly the right of…
2Cited by5 opinions
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