Banton v. Shorey
Supreme Judicial Court of Maine
On report. Replevin of a lot of knees. The report provided that the law court should determine which party had the better title to the property and enter judgment accordingly. The opinion states the facts. The permit conveyed no interest in the land. Drake v. Wells, 11 Allen, 142; Olajlin v. Carpenter, 4 Met. 580; Giles v. /Simonds, 15 Gray, 441; 1 Greenl.
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On report. Replevin of a lot of knees. The report provided that the law court should determine which party had the better title to the property and enter judgment accordingly. The opinion states the facts. The permit conveyed no interest in the land. Drake v. Wells, 11 Allen, 142; Olajlin v. Carpenter, 4 Met. 580; Giles v. /Simonds, 15 Gray, 441; 1 Greenl. Ev. § 271; Pease v. Gibson, 6 Maine, 81; Trull v. Fuller, 28 Maine, 548. While Gott by proper deed might have given an innocent purchaser a title to the land or to the trees, he could not himself, as against the mortgagee, cut one of the…
1Opinion of the CourtFoster, J.
This is an action of replevin in which the plaintiff claims title to the property in dispute as mortgagee under a mortgage of real estate from one Hatcil Gott, dated November 10, 1881, but not recorded till January 12, 1883.
The defendants claim title to the same property from said Gott by virtue of an instrument, or writing, in the following words :
"Alton, September 24, 1882.
"This is to certify that Frank Porter, of Alton, has bought four hundred knees, more or less, of me, Hatcil Gott, on Lot No. 25, and has paid me in full, S70.00 (seventy dollars).
Hatcil Gott.
"And this is to certify that…
2Cases cited4 opinions
- White v. FosterMassachusetts Supreme Judicial Court · 1869
- Poor v. OakmanMassachusetts Supreme Judicial Court · 1870
- Warren v. LelandNew York Supreme Court · 1847
- Buck v. PickwellSupreme Court of Vermont · 1854
3Cited by7 opinions
- Maine National Bank v. Morse (In Re Morse)Bankruptcy Appellate Panel of the First Circuit · 1983
- Rankin v. RidgeNew Mexico Supreme Court · 1948
- Wetkopsky v. New Haven Gas Light Co.Supreme Court of Connecticut · 1914
- Marshall v. LowdSupreme Judicial Court of Maine · 1958
- Gullicksen v. ShadoanMontana Supreme Court · 1950
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