Bridgham v. Prince
Supreme Judicial Court of Maine
On exceptions from the District Court, Cole, J. Writ of entry. — After the death of the tenant, his administrator appeared voluntarily to the suit, and agreed that the action should be submitted to referees, which was accordingly done by a rule of court. The heirs had neither appeared nor been notified to appear. The award of the referees was, that the demandant recover possession of the land, with costs of reference and of Court.
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On exceptions from the District Court, Cole, J. Writ of entry. — After the death of the tenant, his administrator appeared voluntarily to the suit, and agreed that the action should be submitted to referees, which was accordingly done by a rule of court. The heirs had neither appeared nor been notified to appear. The award of the referees was, that the demandant recover possession of the land, with costs of reference and of Court. The award was accepted, though objected to, and, on demandant’s motion, he was allowed to recover costs against the administrator, from the commencement of the…
1Opinion of the CourtWells, J.
— The defendant, as administrator of Jonathan Buck, voluntarily appeared and took upon himself the defence of the suit. It was submitted to referees, by a rule of court, and they have decided that Buck did disseize the plaintiff, as he has alleged in his writ, and that the plaintiff recover possession of the demanded premises and costs. Upon the death of Buck, the Court had no authority to proceed any further in relation to the writ of entry, which he had commenced, without notice to his legal representatives, and all others interested in his estate, as heirs. Ch. 145, § 19, R. S. A judgment…
2Cited by2 opinions
- Bourgeois v. SpragueSupreme Judicial Court of Maine · 1976
- Butts v. FitzgeraldSupreme Judicial Court of Maine · 1956