Laberee v. Carleton
Supreme Judicial Court of Maine
On Report from Nisi Prius, Cutting, J., presiding. Replevin of hay and other property. The plaintiff introduced a deed of warranty from Miles Laberee to Seth Laberee, (plaintiff,) dated Feb. 14, 1842, duly acknowledged and recorded, conveying the land therein described, " intending to be the same premises I recently purchased of Daniel Good.”
Read the full summary
On Report from Nisi Prius, Cutting, J., presiding. Replevin of hay and other property. The plaintiff introduced a deed of warranty from Miles Laberee to Seth Laberee, (plaintiff,) dated Feb. 14, 1842, duly acknowledged and recorded, conveying the land therein described, " intending to be the same premises I recently purchased of Daniel Good.” Immediately following the covenants, occurred the following : — " Provided, nevertheless, that if the following conditions and things shall bo duly and folly,performed by me, the said Miles, that is to say, that, whereas for services had and received by…
1Opinion of the CourtDanforth, J.
The only questions involved in this case are raised upon the validity and construction of .the plaintiff’s deed to Myrick Laberee. It is contended that the’ deed is void for want of consideration. In this State, it has been held that, as between the parties to a deed, a consideration is not necessary. Green v. Thomas, 11 Maine, 318.
The question principally argued is, whether the deed conveys a fee simple or conditional.
In Rawson v. Inhabitants of School District No. 5, in Uxbridge, 7 Allen, 125, the principles applicable to conditional deeds are clearly set forth, and the authorities cited…
2Cited by10 opinions
- Kilpatrick v. Mayor of BaltimoreCourt of Appeals of Maryland · 1895
- Curtis v. Board of EducationSupreme Court of Kansas · 1890
- First Methodist Episcopal Church v. Old Columbia Public Ground Co.Supreme Court of Pennsylvania · 1883
- City of Portland v. TerwilligerOregon Supreme Court · 1888
- Soria v. Harrison CountyMississippi Supreme Court · 1909
5 more not listed; retrieve them via the Exa API.