Chase v. Williams
Supreme Judicial Court of Maine
On report. Petition for partition of certain real estate in Plantation No. 11, Aroostook county, dated January 21, 1878. Kespondonts moved to dismiss "because the petitioner has not stated the proportions belonging to the other tenants in common, nor whether any or all of them are unknown, and has not prayed for partition of the whole premises.” The motion was overruled and leave to amend the petition was granted.
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On report. Petition for partition of certain real estate in Plantation No. 11, Aroostook county, dated January 21, 1878. Kespondonts moved to dismiss "because the petitioner has not stated the proportions belonging to the other tenants in common, nor whether any or all of them are unknown, and has not prayed for partition of the whole premises.” The motion was overruled and leave to amend the petition was granted. The petitioner put in a copy of the judgment, 8. T. Chase v.Martha JL. Williams, the execution issued thereon, and levy of the same upon real estate of Martha A. Williams. The…
1Opinion of the CourtBarrows, J.
There is a radical defect in the levy under which the plaintiff claims. The appraisers do not in their return "state the value of the estate appraised,” as required by R. S., c. 76, § 3. Nor do they say anything from which its value can be inferred by necessary intendment. It will not do to say that the statement that they " set off said undivided fifth part to the creditor in full satisfaction of this execution and costs of levy” is equivalent. For aught that appears, appraised at its true value, it may have been much more than sufficient for that purpose. See Meade v. Harvey, 2 N. H. 495.
Nor…
2Cases cited1 opinion
- Bartlet v. HarlowMassachusetts Supreme Judicial Court · 1815
3Cited by2 opinions
- Wedgwood v. BoydSupreme Court of Oklahoma · 1935
- Lumpkin v. First Nat. Bank & Trust Co.Supreme Court of Oklahoma · 1938