Hewes v. Wiswell
Supreme Judicial Court of Maine
This was a writ of entry in the per, for possession of certain lands in Brewer, in which the demandant counted on his own seisin, and a disseisin by one Samuel Stone, whose administrator conveyed to the tenant. It was tried before Parris J. upon the general issue.
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This was a writ of entry in the per, for possession of certain lands in Brewer, in which the demandant counted on his own seisin, and a disseisin by one Samuel Stone, whose administrator conveyed to the tenant. It was tried before Parris J. upon the general issue. At the trial, the demandant offered an office copy of a deed from one John Curry, dated Oct. 16, 1813, and recorded Sept. 1, 1814, conveying to him the demanded premises, with warranty ; to the admission of which the tenant objected. The demandant then proved by the Register of deeds that when he made the record, he must have had'…
1Opinion of the Court
Mellen C. J.
delivered the opinion of the Court.
We are all satisfied that the preliminary proof introduced by the demandant, respecting the existence and loss of the origin al deed from John Curry to him, was sufficient to authorise the admission of the copy, as decided by the Judge who presided at the trial. *97The remaining question as to the effect of the deed from the administrator of Stone to the tenant, viewed in connexion with some peculiar circumstances, has occasioned some hesitation ; but upen a careful examination of facts and principles, wo are all fully agreed in the opinion to be…
2Cases cited8 opinions
- Marshall v. FiskMassachusetts Supreme Judicial Court · 1809
- State of Connecticut v. BradishMassachusetts Supreme Judicial Court · 1817
- Trull v. BigelowMassachusetts Supreme Judicial Court · 1820
- Jackson ex dem. Gilbert v. BurgottNew York Supreme Court · 1813
- Prescott v. HeardMassachusetts Supreme Judicial Court · 1813
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3Cited by4 opinions
- McDonald v. DabneySupreme Court of Georgia · 1926
- Meehan v. WilliamsSupreme Court of Pennsylvania · 1865
- Hupp v. Parkersburg Mill Co.West Virginia Supreme Court · 1919
- Lash v. HardickU.S. Circuit Court for the District of Minnesota · 1878