Spofford v. Weston
Supreme Judicial Court of Maine
This was a petition ior partition. The petitioner claimed an undivided half of a tract of the land. The respondent pleaded sole seizin in himself. Francis Butler, deceased, was formerly the owner. Both parties claimed title under him. The petitioner claimed under a levy made in 1839, on an undivided half of the premises on a judgment against Philip H. Coombs and another, and duly recorded. He produced also a deed from Henry Johnson to P. II.
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This was a petition ior partition. The petitioner claimed an undivided half of a tract of the land. The respondent pleaded sole seizin in himself. Francis Butler, deceased, was formerly the owner. Both parties claimed title under him. The petitioner claimed under a levy made in 1839, on an undivided half of the premises on a judgment against Philip H. Coombs and another, and duly recorded. He produced also a deed from Henry Johnson to P. II. Coombs and J. W. Dickenson, dated Sept. 19, and recorded Sept. 21, 1835; and proved the existence of a deed from Francis Butler to Henry Johnson found…
1Opinion of the CourtWells, J.
The jury having found, that the deed, from Francis Butler to Henry Johnson, was delivered, the question, for our decision, according to the agreement of the parties is, whether upon the facts proved, the respondent had notice of that deed, when he took the conveyances from the heirs of Francis Butler.
The Revised Statutes have made an essential alteration in the law in this respect. The 26th sect, of chap. 91, provides that, “ no conveyance of any estate, in fee simple, fee tail, or for life, and no lease for more than seven years from the making thereof, shall be good and effectual against…
2Cited by4 opinions
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- Walter v. BrownSupreme Court of Iowa · 1902
- Spickler v. GinnSupreme Judicial Court of Maine · 2012
- McNeill v. ArnoldSupreme Court of Arkansas · 1861