Jewell v. Harding
Supreme Judicial Court of Maine
ON motion to set aside the verdict and exceptions. At the trial the defendant relied upon a deed from the plaintiff to him of the demanded premises, executed and delivered December 9, 1873. The writ was dated December 21, 1878. The plaintiff denied that the instrument was his deed, because, he said, at the time of the delivery there was no seal upon it. The deed was of the ordinary form of a warranty deed.
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ON motion to set aside the verdict and exceptions. At the trial the defendant relied upon a deed from the plaintiff to him of the demanded premises, executed and delivered December 9, 1873. The writ was dated December 21, 1878. The plaintiff denied that the instrument was his deed, because, he said, at the time of the delivery there was no seal upon it. The deed was of the ordinary form of a warranty deed. The presiding justice instructed the jury as follows : "The question for you to determine is whether this deed, when it was delivered to the defendant, — the first deed to Harding,— had…
1Opinion of the CourtPeters, J.
The defendant claims title to the land in question by an instrument purporting to be a deed, not under seal.
He contends that the instrument contains a declaration of a dry, naked or passive trust, such as will prevent a recovery for possession by the trustee against the cestui que trust. He relies upon the following cases: Warren v. Ireland, 29 Maine, 62; Sawyer v. Skowhegan, 57 Maine, 500; French v. Patterson, 61 Maine, 203. Blake v. Collins, 69 Maine, 156. We do not *126assent to the proposition. Tbe doctrine of the cases cited is not admitted by many courts. It should be cautiously applied by…
2Cases cited2 opinions
- Wadsworth v. WendellNew York Court of Chancery · 1821
- Jackson ex dem. Gouch v. WoodNew York Supreme Court · 1815
3Cited by1 opinion
- Stinson v. GeerSupreme Court of Kansas · 1889