Legal Opinion

Marshall v. Wing

Supreme Judicial Court of Maine

Decided July 1, 1862PublishedCited by 1 opinion

On statement of facts. This was an action of ejectment. It was admitted, that the defendant, at the time this suit was commenced, was in possession of the premises demanded, claiming ünder the mortgager and withholding them from the plaintiff; that, at that time, he was a minor, but has since become of full age.

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On statement of facts. This was an action of ejectment. It was admitted, that the defendant, at the time this suit was commenced, was in possession of the premises demanded, claiming ünder the mortgager and withholding them from the plaintiff; that, at that time, he was a minor, but has since become of full age. Also, that on the 20th day of August, 1859, (this was after the action was brought,) the mortgager tendered to the plaintiff’s attorney an amount of money, which was refused; but the money was not brought into Court. It appears that the amount tendered was a little less than the…

1Opinion of the Court

The opinion of the Court was drawn up by

Appleton, C. J.

Infants are liable for torts. Disseizin is a tort, and ejectment may be maintained against an infant therefor. McCoon v. Smith, 3 Hill, 147; Beckley v. Newcomb, 4 Foster, 363.

" In an action against an infant he must appear by guardian,” for, as it is quaintly remarked, "he has neither knowledge of his own affairs, or to choose one to plead for him; and may have an action against his guardian if he mispleads for him.” 6 Com. Dig. Pleader, 2, c. 2, (202). Error *63will lie if no guardian be appointed. Crockett v. Drew, 5 Gray, 399; Beckley v.…

2Cited by1 opinion

  1. Germain v. SheehanSupreme Court of Minnesota · 1879

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