Inhabitants of Clinton v. Fly
Supreme Judicial Court of Maine
This was a writ of entry, in which the demandants counted upon their own seizin, and upon a disseizin by the tenant. The general issue was pleaded and joined. The defendant admitted that he was in possession of the demanded premises, and claimed to occupy them in virtue of an agreement made between the plaintiffs and Abraham Roundy, Jr., and an assignment of the same by the latter, to the tenant.
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This was a writ of entry, in which the demandants counted upon their own seizin, and upon a disseizin by the tenant. The general issue was pleaded and joined. The defendant admitted that he was in possession of the demanded premises, and claimed to occupy them in virtue of an agreement made between the plaintiffs and Abraham Roundy, Jr., and an assignment of the same by the latter, to the tenant. The contract was as follows, viz.: “ Memorandum of an “ agreement made the 3d day of Nov. 1827, between Abra- “ ham Roundy, Jr. of the one part, and Thomas Brown, Jo- “ soph Clarle, and Hobart…
1Opinion of the Court
The opinion of the Court was delivered by
Weston
-The elder Roundy had conveyed the farm in controversy, then his property, to the demandants. It does not appear that any trusts were declared, or that the demandants had entered.into any express stipulations with Roundy on their part. From the course pursued by them, they appear to have understood that the property was designed to be appropriated to the support of Roundy, their grantor, and his wife, both advanced in years, and of David, their son', who was idiotic and helpless. The demandants confided to Abraham Roundy, Jr. another son, the…
2Cited by4 opinions
- Thomas v. ThomasOregon Supreme Court · 1893
- Lowrey v. FinklestonWisconsin Supreme Court · 1912
- Saxton v. DindorffUtah Supreme Court · 1911
- Winch v. BeanSupreme Court of New Hampshire · 1882