Legal Opinion

Legro v. Lord

Supreme Judicial Court of Maine

Decided April 15, 1833PublishedCited by 13 opinions

This was a writ of entry, in which the demandants claimed the possession of a certain farm in Lebanon. It was admitted that Benjamin Lord, one of the defendants, owned the farm, on the 15 th day of July, 1828 ; at .which time he conveyed the same in mortgage to Messrs. Hayes and Cogswell.

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This was a writ of entry, in which the demandants claimed the possession of a certain farm in Lebanon. It was admitted that Benjamin Lord, one of the defendants, owned the farm, on the 15 th day of July, 1828 ; at .which time he conveyed the same in mortgage to Messrs. Hayes and Cogswell. And the demandant claimed title by virtue of the sale of the equity of redemption, made on the 25th day of December, 1830, under an execution duly issued on a judgment in favour of John A. Burleigh against Benjamin Lord, the demandant, being the purchaser under such sale. To avoid the effect of the…

1Opinion of the Court

Mellen C. J.

delivered the opinion of the Court at the ensuing May term, in Oxford.

In the decision of the question reserved, it is proper for us to consider the facts which the counsel for the demandant offered to prove, in the same manner as though they had been proved ; and the inquiry then is, whether on all the facts thus existing, as reported, the action is by law maintainable ; if so, the nonsuit must be set aside. At the argument, the counsel frankly stated that he did not contend that parol evidence was admissible to contradict or vary the facts appearing on the face of the deed from…

2Cases cited1 opinion

  1. Kelly v. BeersMassachusetts Supreme Judicial Court · 1815

3Cited by13 opinions

  1. Kennedy v. First National BankSupreme Court of Alabama · 1894
  2. Bourquin v. BourquinSupreme Court of Georgia · 1904
  3. Fellows v. LewisSupreme Court of Alabama · 1880
  4. BX CORPORATION v. JeterSupreme Court of Georgia · 1953
  5. Leet v. ArmbrusterCalifornia Supreme Court · 1904

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