Treat v. Strickland
Supreme Judicial Court of Maine
This was a writ of entry wherein was demanded one half part of a tract of land in Bangor, bounded beginning in the easterly line of a twelve feet passage way leading from Hammond Street northerly to Kenduskeag Stream, 69 feet northerly from the North line of said Hammond Street as used in 1832; thence North 87East, 13L feet to the centre of the Kenduskeag Stream ; thence up said stream North 32“ West, 166 feet; thence South 61£° West, 17J feet to a 12 feet way ; thence on…
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This was a writ of entry wherein was demanded one half part of a tract of land in Bangor, bounded beginning in the easterly line of a twelve feet passage way leading from Hammond Street northerly to Kenduskeag Stream, 69 feet northerly from the North line of said Hammond Street as used in 1832; thence North 87East, 13L feet to the centre of the Kenduskeag Stream ; thence up said stream North 32“ West, 166 feet; thence South 61£° West, 17J feet to a 12 feet way ; thence on the easterly line of said passage way South 8° West, 136 feet to the place of beginning. Also one undivided fourth part of…
1Opinion of the Court
The opinion of the Court was prepared by, Shepley J.
The first question presented for consideration by the exceptions taken by the tenants, relates to the amendment. It was provided by statute, c. 186, § 3, that if either of the demandants should die during the pendency of a real action, his death should be suggested on the record, and that the survivor might amend the declaration by describing his interest in the premises, and proceed in the cause to final judgment. In the Revised Statutes, c. 345, $ 19, there is a provision, that in such case the action shall not abate, but the Court shall…
2Cited by2 opinions
- Burditt v. BurdittSupreme Court of Kansas · 1901
- Delfelder v. Teton Land & Investment Co.Wyoming Supreme Court · 1933