Howe v. Wildes
Supreme Judicial Court of Maine
On Report, from Nisi Prius, Shepley, C. J. presiding. Writ of Entry. The land in controversy was a farm in Phipsburg. Mary Wildes, one of the tenants, was, by the assignment to her of a mortgage, seized of one half of it, and was also, by inheritance, seized of one sixth of the other half, making, in the whole seven twelfths of the farm. In these seven twelfths therefore, her husband, the other tenant, was seized of a life estate.
Read the full summary
On Report, from Nisi Prius, Shepley, C. J. presiding. Writ of Entry. The land in controversy was a farm in Phipsburg. Mary Wildes, one of the tenants, was, by the assignment to her of a mortgage, seized of one half of it, and was also, by inheritance, seized of one sixth of the other half, making, in the whole seven twelfths of the farm. In these seven twelfths therefore, her husband, the other tenant, was seized of a life estate. Samuel Wildes, the husband, executed a deed purporting to convey the farm to one Hill, by whom it was deeded to William H. Wildes, a son of the tenants. This son…
1Opinion of the CourtRice, J.
This is a writ of entry in which the demand-ants claimed to recover the demanded premises in fee simple. They now ask leave to amend their declaration by reducing their claim to a life estate in seven-twelfths of the farm demanded in their original writ. To this amendment the respondents object.
By the proposed amendment the claim of the demandants, will be materially diminished and cannot therefore be prejudicial to the respondents. Such amendments are allowable. Plummer v. Walker, 24 Maine, 14; Dewey v. Brown, 2 Pick. 387; Lounsbury v. Ball, 12 Wend. 247; Baker v. Daniel, 1 Marsh, 537 ; 6…
2Cases cited2 opinions
- Edwards v. DavisNew York Supreme Court · 1819
- Lounsbury v. BallNew York Supreme Court · 1834
3Cited by6 opinions
- Heacock v. HeacockSupreme Court of Iowa · 1899
- Mellott Ex Rel. Mellott v. Sullivan Ford SalesSupreme Judicial Court of Maine · 1967
- Wood v. PottsSupreme Court of Alabama · 1903
- Kohn v. CollisonSuperior Court of Delaware · 1893
- Mellott Ex Rel. Mellott v. Sullivan Ford SalesSupreme Judicial Court of Maine · 1967
1 more not listed; retrieve them via the Exa API.