Bigelow v. Bigelow
Supreme Judicial Court of Maine
On exceptions by defendant. After all the evidence had been introduced at the second trial of this case, (see first trial 93 Maine, 439), the presiding justice ruled, as a matter of law, that the facts testified to and the evidence introduced on the part of the defendants would constitute no defense to the note and mortgage in suit, and directed the jury to return a verdict for the plaintiffs, to which ruling the defendants seasonably excepted.
Read the full summary
On exceptions by defendant. After all the evidence had been introduced at the second trial of this case, (see first trial 93 Maine, 439), the presiding justice ruled, as a matter of law, that the facts testified to and the evidence introduced on the part of the defendants would constitute no defense to the note and mortgage in suit, and directed the jury to return a verdict for the plaintiffs, to which ruling the defendants seasonably excepted. The defendants also requested the following instructions: That if -the jury find the facts to be, as claimed by the defendants, that Levi R. Bigelow…
1Opinion of the CourtWiswell, C. J.
This is a real action. The plaintiffs rely upon a mortgage given by Levi R. Bigelow, one of the defendants, and under whom the other defendants claim, to John Harlow Bigelow, dated April 27, 1889, acknowledged and recorded, and duly assigned to the plaintiffs. The defense is that the mortgage was without consideration, that the indebtedness which the mortgage purported to secure, never in fact existed. The title to the property was at one time in John Harlow Bigelow, who conveyed it to the defendant, Levi R. Bigelow, and took back from him the mortgage in question. But the claim of the…
2Cases cited1 opinion
- Bigelow v. BigelowSupreme Judicial Court of Maine · 1900
3Cited by15 opinions
- Zamore v. WhittenSupreme Judicial Court of Maine · 1978
- H. P. Hood & Sons v. HeinsSupreme Court of Vermont · 1964
- Home Savings Bank v. GertenbachWisconsin Supreme Court · 1955
- Tozier v. TozierSupreme Judicial Court of Maine · 1981
- Dorman, Et Vir. v. Publix-Saenger-Sparks Theatres, Inc.Supreme Court of Florida · 1938
10 more not listed; retrieve them via the Exa API.