Hatch v. Brown
Supreme Judicial Court of Maine
On exceptions. Writ oe entrt demanding possession of certain premises in Sanford, in this county. There was no derivation of title in the declaration but the demandants filed the “informal statement” provided for by E. S., c. 104, § 3, in. which they named Stephen Willard as the original holder of their title, and thence traced it through Morse & Mayberry, Thomas Hobbs and Ira T. Drew to themselves.
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On exceptions. Writ oe entrt demanding possession of certain premises in Sanford, in this county. There was no derivation of title in the declaration but the demandants filed the “informal statement” provided for by E. S., c. 104, § 3, in. which they named Stephen Willard as the original holder of their title, and thence traced it through Morse & Mayberry, Thomas Hobbs and Ira T. Drew to themselves. At the trial they did not introduce any evidence of ownership in Willard, going back no further than to Morse & Mayberry, whom they said bought of Stephen Willard, but the deed of Willard to Morse…
1Opinion of the CourtBarrows, J.
I. It is not always indispensable that the plaintiff in a real action should trace his title back to the first person named as owner in an informal statement of title filed by him, under the direction of the court, in pursuance of R. S., e. 104, § 3. It is sufficient if he goes back in the line indicated far enough to show a better title than the defendant. To hold otherwise would often needlessly protract and complicate trials.
■ The alleged failure of the plaintiffs to show title in themselves from Willard cannot avail the defendant.
• II. The question put to Mary Ann Mayberry in…
2Cited by7 opinions
- Sanderson v. Steve Snyder Enterprises, Inc.Supreme Court of Connecticut · 1985
- McDonald v. SmithMichigan Supreme Court · 1905
- McLeod v. Miller & LuxNevada Supreme Court · 1917
- Graves v. Boston & Maine RailroadSupreme Court of New Hampshire · 1930
- In re SmithSupreme Court of Minnesota · 1886
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