Fields v. Mitchell
Supreme Judicial Court of Maine
On report. Upon an agreed statement of facts. Judgment for defendant. This is a real action to recover certain real estate described in the declaration. The plaintiff, a married woman under the age of twenty-one years, conveyed said premises by warranty deed to Forest W. Fields, which land Forest W. Fields subsequently conveyed to the defendant. At the date of the writ in this action, the plaintiff was twenty-one years of age.
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On report. Upon an agreed statement of facts. Judgment for defendant. This is a real action to recover certain real estate described in the declaration. The plaintiff, a married woman under the age of twenty-one years, conveyed said premises by warranty deed to Forest W. Fields, which land Forest W. Fields subsequently conveyed to the defendant. At the date of the writ in this action, the plaintiff was twenty-one years of age. The case was reported to the Law Court upon the agreed statement of facts. The case is stated in the opinion.
1Opinion of the CourtCornish, J.
The sole question to be determined in this case is whether a married woman under the age of twenty-one years can sell and convey real estate and after arriving at the age of twenty-one can disaffirm the sale and recover the property back. If she can, then this action can be maintained, otherwise not.
*369This question is one of statutory construction.
R. S., Chap. 63, Sec. 1, provides as follows:
“A married woman, of any age, may own in her own right real and personal estate acquired by descent, gift or purchase; and may manage, sell, convey and devise the same by will, without the joinder or assent…
2Cited by4 opinions
- Mellott Ex Rel. Mellott v. Sullivan Ford SalesSupreme Judicial Court of Maine · 1967
- Uhl v. Oakdale Auto Co.Supreme Judicial Court of Maine · 1961
- Mellott Ex Rel. Mellott v. Sullivan Ford SalesSupreme Judicial Court of Maine · 1967
- Mellott Ex Rel. Mellott v. Sullivan Ford SalesSupreme Judicial Court of Maine · 1967