Rowell v. Hayden
Supreme Judicial Court of Maine
Writ of Entry, to recover possession of a farm in Madison. This action was commenced on December 29, 1849, and tried before Tenney, J., at the Dec. term, 1854. On Sept. 26, 1854, the pleadings were made up and filed.
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Writ of Entry, to recover possession of a farm in Madison. This action was commenced on December 29, 1849, and tried before Tenney, J., at the Dec. term, 1854. On Sept. 26, 1854, the pleadings were made up and filed. The tenants separately pleaded the general issue, which was joined; and also separately pleaded in bar as follows : — “ And the said Hayden, for farther plea, by leave of the Court here obtained, says, that the said demandant, his said action ought not further to have or maintain, because, he says, that since the commencement of this action, and during the pending thereof, to…
1Opinion of the CourtRice, J.
The case is presented on report and exceptions, also upon questions arising on the pleadings.
The defendants severally pleaded the general issue which was joined. They also severally pleaded, in bar, specially, that the demandant ought not further to have and maintain his action, because since the commencement of this action, and during the pendency thereof, to wit, on the 20th day of December, 1852, the said demandant, by his deed, of that date duly executed, acknowledged and recorded, for a valuable consideration in said deed mentioned, to wit, the sum of nine hundred dollars, conveyed the…
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