Spear v. Sturdivant
Supreme Judicial Court of Maine
Exceptions from the Court of Common Pleas, Whitman C. J. presiding. The action was trespass for breaking and entering the close of the plaintiff, being lot No. 65, in the town of Cumberland. The plaintiff claimed title to the land under a deed from David Spear, dated and executed Sept. 20, 1828, and recorded the 22d of the same month.
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Exceptions from the Court of Common Pleas, Whitman C. J. presiding. The action was trespass for breaking and entering the close of the plaintiff, being lot No. 65, in the town of Cumberland. The plaintiff claimed title to the land under a deed from David Spear, dated and executed Sept. 20, 1828, and recorded the 22d of the same month. The defendant, to prove the issue on his part, read to the jury the copy of a writ in favor of Royal Lincoln, against David Spear, dated July 18, 1828, and returnable to the Court of Common Pleas, October Term, 1828, witli the officer’s return tliereon, dated…
1Opinion of the Court
After a continuance, for advisement, the opinion of the Court was drawn up by
Emery J.
In this action both parties claim title under David Spear. One of the great objects of the administration of justice in civil cases is, to give the fruits of judgments by supporting the executions which issue upon them. Clerical errors in preliminary proceedings may be corrected; and according to the principles of the common law, the returns of officers may be amended on final process, with certain limitations and exceptions, so as to conform to the truth of the case. This indulgence to human error is not…
2Cases cited3 opinions
- Wellington v. GaleMassachusetts Supreme Judicial Court · 1816
- Vastine v. FurySupreme Court of Pennsylvania · 1816
- Bugnon v. HowesSupreme Judicial Court of Maine · 1836