Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 22

Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 22

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1844 edition. Excerpt: ...that he was in possession under a lease from the owner, or that he was so informed by the tenant. A change of possession at the time of the first conveyance would seem to be required only, where the second purchaser is proved to have known before the conveyance to the first purchaser, that he was in possession without claiming title, or where from the circumstances such knowledge must be presumed. In the case of Webster v. Maddox, 6 Greenl. 256, there was no visible change of possession at the time of the conveyance to the tenants; and yet their possession under a deed not recorded was decided to be sufficient notice of their title to an attaching creditor. In this case there is no evidence, that Briggs and wife, before the conveyance to them, were in possession under a lease from their grantor. There is reason to believe, that upon inquiry a different state of facts would have been elicited. The testimony proposed to be introduced, that Briggs was notoriously insolvent would not have been sufficient to relieve a second purchaser from making the proper inquiries. For it might be, as in this case, that the wife, or some member of the family of the occupant, would prove to be the owner of the estate; and their title should not be destroyed by the insolvency of the head of the family and the neglect of the second purchaser, who can never be injured by this presumption of law, when he is not guilty of negligence. An attaching creditor may not have the same motives, or the same opportunity, to make inquiries respecting an apparent defect of title, as a second purchaser. But he must be regarded as such; and the law will not give him any superior rights. It is not perceived, that the demandant can recover against the tenant, if his title should...
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Product details

  • Paperback | 210 pages
  • 189 x 246 x 11mm | 386g
  • United States
  • English
  • black & white illustrations
  • 1236779932
  • 9781236779939