Proprietors of the Kennebec Purchase v. Davis
Supreme Judicial Court of Maine
SCIRE facias. The plaintiffs had formerly brought against the defendant a writ of entry sur disseisin, upon which a trial being had at October term 1808, a verdict was returned for the plaintiffs ; and the defendant in that action having prayed an appraisement of his improvements made on the land, and the plaintiffs requesting an estimate of its value without the improvements, the jury appraised both accordingly, pursuant to Stat. 1807. ch. 75. The plaintiffs then abandoned…
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SCIRE facias. The plaintiffs had formerly brought against the defendant a writ of entry sur disseisin, upon which a trial being had at October term 1808, a verdict was returned for the plaintiffs ; and the defendant in that action having prayed an appraisement of his improvements made on the land, and the plaintiffs requesting an estimate of its value without the improvements, the jury appraised both accordingly, pursuant to Stat. 1807. ch. 75. The plaintiffs then abandoned the land to the defendant at its appraised value, agreeably to the same statute. But the defendant having never paid the…
1Opinion of the Court
Mellen C. J.
at the succeeding term in Cumberland, delivered the opinion of the Court as follows.
The defence in this action is certainly a novel one; and because the counsel for the tenant seemed to repose so much confidence in the merits of the plea in bar, we have taken a little time to consider it; and are now satisfied that it is bad, and that the demandants must have judgment,
*314The plea is unusual in its form; containing a disclaimer of part of the premises demanded ; and other facts as a bar to the action, as to the residue of the premises.—These facts, composing distinct answers to…
2Cases cited2 opinions
- Wilcox v. MillsMassachusetts Supreme Judicial Court · 1808
- Shaw v. BradstreetMassachusetts Supreme Judicial Court · 1816
3Cited by1 opinion
- Haupt v. BurtonMontana Supreme Court · 1898