Bird v. Bird
Supreme Judicial Court of Maine
On Exceptions from Nisi Prius, Tenney, J., presiding. Trespass quare clausum. The plaintiff’s title by deed was through several mesne conveyances; the first from John Hunter in 1801, the last being from Andrew Bird to him, dated Oct. 2, 1843. He also proved that he had been in possession of the premises since 1829 ; but there was no evidence whatever to show an ouster of others who had-title to any portion. The defence was, that defendant was tenant in common.
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On Exceptions from Nisi Prius, Tenney, J., presiding. Trespass quare clausum. The plaintiff’s title by deed was through several mesne conveyances; the first from John Hunter in 1801, the last being from Andrew Bird to him, dated Oct. 2, 1843. He also proved that he had been in possession of the premises since 1829 ; but there was no evidence whatever to show an ouster of others who had-title to any portion. The defence was, that defendant was tenant in common. He exhibited an office copy of a deed of part of the premises from Samuel Bird to. Andrew Bird, of Jan. 14, 1802, also an office copy…
1Opinion of the CourtTenney, J.
It is not denied by the defendant, that the plaintiff has exhibited evidence of title to an undivided portion of the premises described in his writ; but he claims title of another undivided portion of the same; and insists that he has rights therein, as a tenant in common with the plaintiff, which will defeat the maintenance of this action.
For the purpose of sustaining the defence, a deed dated June 12, 1830, to David Bird, from certain persons, representing themselves as the heirs, and children of heirs of Andrew Bird, deceased, was introduced; also evidence to show, that they held such…
2Cases cited2 opinions
- Hatch v. HatchMassachusetts Supreme Judicial Court · 1812
- Commissioners of Highways of Carmel v. Judges of the County Courts of PutnamNew York Supreme Court · 1831
3Cited by3 opinions
- Smith v. American Automobile InsuranceMissouri Court of Appeals · 1915
- Page v. NissenSupreme Judicial Court of Maine · 1969
- Campbell v. MorganNew York Supreme Court · 1893