Moulton v. Lowe
Supreme Judicial Court of Maine
On a statement of facts agreed at Nisi Prius. This plaintiff had a bond for a tract of land, to be conveyed to him or his appointees. He bargained to sell it to Samuel Kimball and thee other persons in unequal shares, and the obligors accordingly executed the conveyance to them, in a single deed, specifying, however, the several proportions of each grantee. The grantees paid a part of the purchase-money, and each one gave his separate note for his part of the balance.
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On a statement of facts agreed at Nisi Prius. This plaintiff had a bond for a tract of land, to be conveyed to him or his appointees. He bargained to sell it to Samuel Kimball and thee other persons in unequal shares, and the obligors accordingly executed the conveyance to them, in a single deed, specifying, however, the several proportions of each grantee. The grantees paid a part of the purchase-money, and each one gave his separate note for his part of the balance. All the grantees then made a joint mortgage of the tract to secure said notes. Four bills in equity, (one in the name of each…
1Opinion of the CourtShepley, C. J.
The case is presented for decision upon an agreed statement, which is composed in part of two depositions of Samuel Kimball. In the one taken in this case, he denies any knowledge of the suit brought in his name against the plaintiff and others, until after it had been determined. He not only denies, that any person was authorized by him to commence it, but asserts that he would not permit his name to be used in such a suit, when others interested in the purchase of the lands proposed to commence one.
The suit must therefore, upon the proof, be regarded as commenced and prosecuted without…
2Cited by2 opinions
- First General or Six Principle Baptist Soc. v. LoomisNew York Supreme Court · 1888
- Gibbs v. RandlettSupreme Court of New Hampshire · 1878