O'Brien v. Elliot
Supreme Judicial Court of Maine
This was a bill in equity, and was heard on bill, answer and proof. The case sufficiently appears in the opinion of the Court. Lowell cited Dwight v. Pomeroy, 17 Mass. R. 303 ; Black v. Black, 4 Pick. 234; Pratt v. Bacon, 10 Pick. 123; Brooks v. Wheelock, 11 Pick. 439; Campbell v. Sheldon, 13 Pick. 8; Stearns v. Hubbard, 8 Greenl. 320; Given v. Simpson, 5 Greenl. 303 ; Elder v. Elder, 1 Fairf. 80; 1 Story’s Eq. 89.
1Opinion of the Court
*126After a continuance, for advisement, the opinion of the Court was drawn up by
Shepley J.
The bill sets forth, that the plaintiffs are the heirs at law and devisees of Gideon O’Brien deceased; that said Gideon during his lifetime was seized of a certain messuage by virtue of the extent of an execution upon the same as the property of Daniel Elliot, the late husband of the defendant; that Elliot during his life, and after the right of redemption had expired, paid the debt; and that O’Brien was willing to convey to Elliot on request, but never did so convey during the life of Elliot. That on the…
2Cases cited2 opinions
- Briggs v. PennimanCourt for the Trial of Impeachments and Correction of Errors · 1826
- Dougrey v. Topping & HolmeNew York Court of Chancery · 1833
3Cited by4 opinions
- Beem v. KimberlyWisconsin Supreme Court · 1888
- Mason v. CrosbyU.S. Circuit Court for the District of Maine · 1847
- Bellows v. StoneSuperior Court of New Hampshire · 1846
- Hudson v. LaytonSupreme Court of Delaware · 1848