Blethen v. Dwinal
Supreme Judicial Court of Maine
On Report from Nisi Prius, Appleton, J., presiding. Writ oe Entry. Each party introduced very many deeds of conveyance under which they respectively claimed the land in controversy. The tenant then offered a deposition of much length. It was objected to on the ground of interest in the deponent. A release by the tenant to the deponent is among the papers in the case. The deposition was allowed to be read, subject to all legal objections.
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On Report from Nisi Prius, Appleton, J., presiding. Writ oe Entry. Each party introduced very many deeds of conveyance under which they respectively claimed the land in controversy. The tenant then offered a deposition of much length. It was objected to on the ground of interest in the deponent. A release by the tenant to the deponent is among the papers in the case. The deposition was allowed to be read, subject to all legal objections. The tenant also introduced several witnesses upon the stand, whose testimony is reported at length. The parties thereupon agreed, first, to constitute the…
1Opinion of the CourtAppleton, J.
— The plaintiff seeks to recover in this suit an undivided third part of lot No. 13, in Oldtown, being the same premises conveyed by Daniel Webster to James Webster, from whom he derives title. The question to be determined, is whether on the facts, as proved or admitted, James Webster or those claiming title under him can maintain this action.
It is in proof that William Dali, the original owner of the whole lot, on Oct. 30, 1802, conveyed the same to Daniel Webster, who, on the 30th of Nov. following, conveyed by deed, not recorded till Nov. 15, 1809, one undivided third to Joseph Treat, and…
2Cases cited7 opinions
- James v. MoreyCourt for the Trial of Impeachments and Correction of Errors · 1823
- Champ v. CommonwealthCourt of Appeals of Kentucky · 1859
- Gore v. BrazierMassachusetts Supreme Judicial Court · 1807
- Giles v. BaremoreNew York Court of Chancery · 1821
- Catlin v. WashburnSupreme Court of Vermont · 1830
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