Gordan v. Peirce
Supreme Judicial Court of Maine
This was a writ of entry in which the demandant declared on his own seizin and a disseizin by the defendant within twenty years.
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This was a writ of entry in which the demandant declared on his own seizin and a disseizin by the defendant within twenty years. The defendant pleaded the general issue and filed a brief statement, setting forth: 1. “That, said John Gordan was not seised within twenty years. 2. “ That, if any disseizin were done, it was done by Josiah Peirce, the father of the defendant, and that he died, and the lands descended to the defendant prior to the commencement of this suit. 3. “ That, the title of said John Gordan, if any he have, is by virtue of a mortgage deed made to him of the lands demanded,…
1Opinion of the Court
Weston J.
delivered the opinion of the Court.
The act to abolish special pleading, stat. 1831, ch. 514, must be understood to be limited to pleas in bar. Every defence, either in law or fact, upon the merits, is made available to the defendant, under the general issue. He is relieved froln the necessity of double pleading, or of setting forth the ground, upon which he relies in a special plea. Pleas in abatement are of a different character. They are dilatory in their nature j and turn upon points which do not affect the merits. Hence at common law, they could not be pleaded after a general…
2Cases cited2 opinions
- Wolcot v. KnightMassachusetts Supreme Judicial Court · 1810
- Kent v. KentMassachusetts Supreme Judicial Court · 1807