Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 46

Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 46

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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. 1861 edition. Excerpt: ...contemplates a sale of the land. The sale of a disputed title to the land would bring far less in the market, than the land itself. By the R. S. of Mass., c. 71, 12, referred to in Slomans, Ex'r, v. Brown, 8 Met. 51, it is provided that, before proceeding to sell, the administrator shall obtain possession of the land by entry, or by action at common law. We have no such provision in our statute. That its omission is no defect in our statute, we think will be apparent to the Court on perusal of the case of Norton v. Norton, 5 Cush. 524, where, in a writ of entry by an administrator, the Court, in order to give a beneficial effect to that provision, and not do wrong to others, after the demandant had obtained a verdict, abandoned the course of proceedings at common law, and, instead of giving judgment on the verdict, seemed to have made something very like a decree of a court of equity, based upon the verdict. In this State, no action could be maintained at law for the recovery of the land by the administrator. To bring about a result which would be just to all parties, such an one as that in Norton v. Norton, we have no recourse but to a court of equity. D. D. Stewart, for defendant. The defendant dcmurs to the plaintit'f's bill, and presents the following grounds to the consideration of the Court: --1. The plaintiff brings this bill as administrator on the estate of George Craig, deceased, and alleges that the defendant holds property conveyed to him by the deceased, in fraud of creditors; and he seeks to reach such property by the aid of this Court, sitting as a court of equity. The first objection, which is apparent on the face of the papers, is that the bill is not brought in behalf of all the creditors, but of...
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Product details

  • Paperback | 214 pages
  • 189 x 246 x 11mm | 390g
  • United States
  • English
  • black & white illustrations
  • 1236828704
  • 9781236828705