Bugnon v. Howes
Supreme Judicial Court of Maine
This was a writ of entry, demanding a tract of land in Dresden. The tenant pleaded the general issue which was joined, and by brief statement claimed an eighth as his own, and disclaimed the residue. The demandants claimed an undivided fourth part as heirs of James Bugnon, who was once seised of it.
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This was a writ of entry, demanding a tract of land in Dresden. The tenant pleaded the general issue which was joined, and by brief statement claimed an eighth as his own, and disclaimed the residue. The demandants claimed an undivided fourth part as heirs of James Bugnon, who was once seised of it. To maintain his title to the one eighth claimed by him, the tenant gave in evidence the extent of an execution in favor of George Houdlette and Llewyllyn W. Lithgoio, upon the undivided fourth part of said James Bugnon, as his property; and shew a conveyance of the interest acquired thereby by…
1Opinion of the Court
After a continuance, the opinion of the Court was prepared by
Weston C. J.
The case of Means et al. v. Osgood, 7 Greenl. 146, is exactly in point, as an authority for the demand-ants. The necessity of notice to the execution debtor, and that it should appear to have been given by the officer’s return, was not there controverted. That both were implied in the return then under consideration, was a view of the case not presented to the court in argument, nor did it suggest itself to them, in the final determination of the cause. It seemed to be conceded that the return was fatally defective ; and…
2Cases cited1 opinion
- Whitman v. TylerMassachusetts Supreme Judicial Court · 1811
3Cited by1 opinion
- Spear v. SturdivantSupreme Judicial Court of Maine · 1837