Stewart v. Hurd
Supreme Judicial Court of Maine
On report. Real action to recover a certain farm in St. Albans occupied by the defendant. Plea, the general issue with brief statement as follows : "And for brief statement of special matter of defence to be used under the general issue pleaded, and filed in said court with said plea, the 5th day of October, 1909, being the 13th day of said term, the Court in the exercise of its discretion, permitting the same to be filed at said time, the said defendant further says that he…
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On report. Real action to recover a certain farm in St. Albans occupied by the defendant. Plea, the general issue with brief statement as follows : "And for brief statement of special matter of defence to be used under the general issue pleaded, and filed in said court with said plea, the 5th day of October, 1909, being the 13th day of said term, the Court in the exercise of its discretion, permitting the same to be filed at said time, the said defendant further says that he was not at the date of the writ in this case, tenant of the freehold, in the premises described in said writ, but was…
1Opinion of the CourtCornish, J.
This is a real action brought to recover a farm in St. Albans, occupied by the defendant, and is reported to the Law Court for final decision. The plea is the general issue with a brief statement in which the defendant justifies as tenant "under George A. Nelson the owner in fee of the premises.”
The history of the defendant’s title is as follows :
On December 2, 1875, George L. Nelson, the father of George A. Nelson and the then owner, mortgaged the premises to his mother Lois Rollins to secure the payment of his note for $600, which mortgage was duly recorded January 1, 1877. Lois Rollins…
2Cases cited14 opinions
- Stevens v. GaylordMassachusetts Supreme Judicial Court · 1814
- Winship v. BassMassachusetts Supreme Judicial Court · 1815
- Bassett v. Fidelity & Deposit Co.Massachusetts Supreme Judicial Court · 1903
- Martin v. SmithMassachusetts Supreme Judicial Court · 1878
- Pettee v. PeppardMassachusetts Supreme Judicial Court · 1876
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3Cited by3 opinions
- State v. SmithSupreme Judicial Court of Maine · 1944
- United StatesSupreme Judicial Court of Maine · 1941
- United StatesSupreme Judicial Court of Maine · 1941