Smith v. Guild
Supreme Judicial Court of Maine
On Report from Nisi Prius, Shepley, C. J., presiding. Trespass, quare clausum. The acts complained of, were alleged to have been committed on the 15th of May, and on She 28th, 29th & 30th of June, 1849, &e.
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On Report from Nisi Prius, Shepley, C. J., presiding. Trespass, quare clausum. The acts complained of, were alleged to have been committed on the 15th of May, and on She 28th, 29th & 30th of June, 1849, &e. The general issue was pleaded, with brief statement; 1st, that an undivided half of the land belonged to the heirs of Harvey Clapp, and that the acts complained of were done by his direction, and 2diy, that by virtue of a writ of habere facias possessionem, issued in favor of the administrator of Harvey Clapp, the possession was delivered by the officer to one of the defendants, who was…
1Opinion of the CourtTenney, J.
Jacob Clapp and Harvey Clapp, had an indefeasible title to the premises, as early as May 6, 1826, the day on which the release of Benjamin Hawes and James Hawes was made. No change in their title having taken place, they were the owners and tenants in common and undivided in equal moieties till the death of Jacob Clapp, which occurred in 1832. Jacob Clapp, by his will, dated May 8, 1832, and approved July 3, 1832, devised to his daughter Sukey Smith, the wife of the plaintiff, the improvement of the entire premises, during her life ; and the remainder in the whole to Harvey Clapp ; he also…
2Cases cited1 opinion
- Goodwin v. JonesMassachusetts Supreme Judicial Court · 1807
3Cited by9 opinions
- Test v. LarshIndiana Supreme Court · 1881
- Young v. BiehlIndiana Supreme Court · 1906
- Reynolds v. McMullenMichigan Supreme Court · 1885
- Stone v. CookSupreme Court of Missouri · 1904
- In re Peaslee's WillNew York Supreme Court · 1893
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