Legal Opinion

Weeks v. Patten

Supreme Judicial Court of Maine

Decided April 15, 1841PublishedCited by 8 opinions

Exceptions from the Court of Common Pleas, Whitman C. J. presiding. The action was assumpsit, to recover for the use and occupation of two sevenths, in common and undivided, of a dwellinghouse, lot, and appurtenances, occupied and improved by the defendant, and situated in Portland.

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Exceptions from the Court of Common Pleas, Whitman C. J. presiding. The action was assumpsit, to recover for the use and occupation of two sevenths, in common and undivided, of a dwellinghouse, lot, and appurtenances, occupied and improved by the defendant, and situated in Portland. The plaintiff proved, that the premises were part of the estate of Jane Robinson, deceased; that Jane Robinson was married to Arthur McLellan, and had by him seven children, of whom the plaintiff and Arthur McLellan, Jr. are two; that Arthur McLellan, the father, continued to improve the premises, by himself or…

1Opinion of the Court

The opinion of the Court, was drawn up by

Émery J.

It is contended by the defendant, 1st. That no action can be maintained. 2d. If any action can be sustained, assumpsit cannot. The items of the will on which the defendant relies, are the third, sixth, ninth, tenth, twelfth, eighteenth, and nineteenth. The plaintiff claims the benefit of the first and eighth.

The principle, adopted in Courts of Equity, is, that if a person, being about to dispose of his own property, includes in his disposition, either from mistake or not, property of another, an implication arises, that the benefit under that…

2Cases cited2 opinions

  1. Hamblett v. HamblettSuperior Court of New Hampshire · 1833
  2. Winter v. LivingstonNew York Supreme Court · 1816

3Cited by8 opinions

  1. Test v. LarshIndiana Supreme Court · 1881
  2. Stone v. CookSupreme Court of Missouri · 1904
  3. In re Peaslee's WillNew York Supreme Court · 1893
  4. Goodson v. Schuster's Wholesale Produce Co.Louisiana Court of Appeal · 1929
  5. Farmington Savings Bank v. CurranSupreme Court of Connecticut · 1899

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