Abbott v. Holway
Supreme Judicial Court of Maine
°N report- This is an action on the case for waste. The writ is dated September 28tk, 1878. Tbe plea is tbe general issue and brief statement denying the plaintiff’s title and claim.
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°N report- This is an action on the case for waste. The writ is dated September 28tk, 1878. Tbe plea is tbe general issue and brief statement denying the plaintiff’s title and claim. At the trial it was admitted that James Abbott was, on the 30tli of April, 1872, and long had been, the husband of the plaintiff; that he died May 5th, 1875 ; that the defendant is the administrator on his estate ; that he owned, on the 30th of April, 1872, and long had owned, the premises described in the writ, a valuable farm in Pittston, upon which was a large timber and wood lot; that be continued to live on…
1Opinion of the CourtBabeows, J.
The plaintiff’s right to maintain this action must depend ultimately upon the construction to be given to the deed or instrument under which she claims title, and upon the force and effect of the terms used therein to define the interest which she acquired by virtue thereof.'
Our statutes (R. S., c. 73, § 1,) provide that "a person owning real estate and having a right of entry into it, whether seized of it or not, may convey it, or all his interest in it, by a deed to be acknowledged and recorded as hereinafter provided.” Detailed regulations as to the mode of execution and as to the force…
2Cited by17 opinions
- Cribbs v. WalkerSupreme Court of Arkansas · 1905
- Wilson v. CarricoIndiana Supreme Court · 1895
- Lewis v. CurnuttSupreme Court of Iowa · 1906
- Love v. BlauwSupreme Court of Kansas · 1900
- Cates v. CatesIndiana Supreme Court · 1893
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