Legal Opinion

Stewart v. Crosby

Supreme Judicial Court of Maine

Decided July 1, 1863PublishedCited by 4 opinions

This was an action of assumpsit to recover back money paid .to the defendant for his release of an equity of redemption of certain premises, which the defendant represented to the plaintiff he had purchased and owned.' At Nisi Prius, Tenney, C. J., for the purpose of giving progress to the cause, ruled upon certain questions of law, and a verdict by consent was taken for the plaintiff for a sum agreed upon by the parties.

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This was an action of assumpsit to recover back money paid .to the defendant for his release of an equity of redemption of certain premises, which the defendant represented to the plaintiff he had purchased and owned.' At Nisi Prius, Tenney, C. J., for the purpose of giving progress to the cause, ruled upon certain questions of law, and a verdict by consent was taken for the plaintiff for a sum agreed upon by the parties. The questions raised by the defendant’s exceptions, and the facts in the case, sufficiently appear from the opinion of the Court. The case was very fully argued by

1Opinion of the Court

The opinion concurred in by a majority of the Court was-drawn up by

Davis, J.

The defendant, having claims against one Charles Hanson, commenced suits thereon, and caused his right of redeeming certain real estate, previously mortgaged by him, to be attached, September 15, 1848. Judgments were recovered February 17, 1854; executions were issued March 17, and Hanson’s right of redemption seized thereon the same day; and, on April 22, of the same year, the officer duly sold to the defendant all of Hanson’s right to redeem, which he had at the time of the attachment.

October 23, 1854, the defendant…

2Cases cited10 opinions

  1. Abbott v. AllenNew York Court of Chancery · 1817
  2. Wood v. WatkinsonSupreme Court of Connecticut · 1846
  3. Hall & Co. v. RenfroCourt of Appeals of Kentucky · 1860
  4. Smith v. PalmerMassachusetts Supreme Judicial Court · 1850
  5. Gray v. JenksU.S. Circuit Court for the District of Maine · 1825

5 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. San Bernardino Investment Co. v. MerrillCalifornia Supreme Court · 1895
  2. Voss v. Northwestern National Life InsuranceWisconsin Supreme Court · 1909
  3. United States Fidelity & Guaranty Co. v. RidgleyNebraska Supreme Court · 1903
  4. Gafford v. Globe Transfer & Storage Co.Washington Supreme Court · 1912

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