Legal Opinion

Knapp v. Bailey

Supreme Judicial Court of Maine

Decided March 1, 1887PublishedCited by 36 opinions

On appeal from the judgment and decree of a single judge. The opinion states the case. cited: Ham v. Ham, 14 Maine, 351; Hains v. Gardner, 10 Maine, 383; Fox v. Widgery, 4 Maine, 214; 1 Greenl.

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On appeal from the judgment and decree of a single judge. The opinion states the case. cited: Ham v. Ham, 14 Maine, 351; Hains v. Gardner, 10 Maine, 383; Fox v. Widgery, 4 Maine, 214; 1 Greenl. Ev. § 25; Hourse v. Nourse, 116 Mass. 101; Weed v. Emerson, 115 Mass. 554; Sanford v. Sanford, 135 Mass. 314; Reed v. Reed, 75 Maine, 265; Perry, Trusts, § 243; 4 Kent’s Com. § 179 ; Patten' v. Moore, 32 N. H. 385 ; Woods v. Farmere, 7 Watts, 382 ; Brush v. Ware, 15 Pet. 93 ; Kent v. Plummer, 7 Maine, 464; Evans v. Chism, 18 Maine, 220; Daniels v. Davison, 17 Yes. 433 ; Hanly v. Sprague, 20 Maine, 431;…

1Opinion of the CourtPeters, C. J.

This bill seeks to remove a cloud overhanging-complainant’s title- to- an undivided parcel of land — in effect, to redeem the land from an equitable mortgage, the allegation being that the debt has been paid. We can. have no reasonable: doubt of the facts thus far alleged;.

*201The defendant’s grantor was called as a witness by the complainant. The defendant contends that his testimony was inadmissible, and cites cases which sustain the ordinary principle, that a grantor cannot dispute with his grantee the title which he has assumed to convey. The objection goes to the testimony, and not to the…

2Cases cited2 opinions

  1. Baker v. HumphreySupreme Court of the United States · 1880
  2. Mansfield v. DyerMassachusetts Supreme Judicial Court · 1881

3Cited by36 opinions

  1. Sapp v. WarnerSupreme Court of Florida · 1932
  2. Tucker v. BrownWashington Supreme Court · 1944
  3. Hagan v. Sabal Palms, Inc.District Court of Appeal of Florida · 1966
  4. Maine National Bank v. Morse (In Re Morse)Bankruptcy Appellate Panel of the First Circuit · 1983
  5. Sheepscot Land Corp. v. GregorySupreme Judicial Court of Maine · 1978

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