Proprietors of the Kennebec Purchase v. Kavanagh
Supreme Judicial Court of Maine
iV_T the trial of this action, which was a writ of entry, the tenant shewed a deed of the premises from one Grant to Richard Major dated April 7, 1798, and a deed from Major conveying all his right in the premises to the tenant and Mr. Cottenll in mortgage, bearing date September 2, 1807, and failing to make out a title against the demandants whose original right to the land had been admitted, he requested that the increased value of the demanded premises by reason of the…
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iV_T the trial of this action, which was a writ of entry, the tenant shewed a deed of the premises from one Grant to Richard Major dated April 7, 1798, and a deed from Major conveying all his right in the premises to the tenant and Mr. Cottenll in mortgage, bearing date September 2, 1807, and failing to make out a title against the demandants whose original right to the land had been admitted, he requested that the increased value of the demanded premises by reason of the improvements thereon made, and the value of the same exclusive of such improvements, might be estimated by the jury,…
1Opinion of the Court
Mellen C. J.
delivered the opinion of the Court as follows, at the succeeding term in Cumberland, the cause having been continued nisi for advisement.
From the report in this case it appears that the title of the premises demanded is in the plaintiffs; that April 7, 1798, Abijah Grant conveyed the same by deed to Richard Major, who on September 2, 1807 by deed of mortgage conveyed all his right in the premises to the tenant and Matthew Cotierill; and that possession has accompanied the deeds.—It does not appear who made the improvements on the land in question; but the value of them and of the…
2Cases cited1 opinion
- Shaw v. BradstreetMassachusetts Supreme Judicial Court · 1816