Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 54

Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 54

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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. 1868 edition. Excerpt: ...vested. But the Court, at the several lVZsi Prius trials, has been requested to give a judicial construction to the Hussey deed, and none has been given, except one at the first trial, which the law court held to be too restricted; the rulings at the other trials were merely pro forma, for the purpose of admitting parol testimony and other documentary evidence as to certain facts, explanatory of the intention of the parties. The facts are now before us and we can proceed more understandingly. Of the rulings heretofore, the defendant has no reason to complain, for, if otherwise and as contended by the plaintiffs, his whole evidence might have been excluded. ' What was the Putnams' title to lands and privileges on 1 the gristmill dam, on May 13, 1843, prior to their conveyance to Bachelor Hussey? They were then the undisputed owners in fee of the gristmill proper, and of the demanded premises., It is true, they had previously leased a portion to Houlton, for a period of twenty years, with his right of a perpetual renewal, upon condition that he paid the sum of fifteen dollars annually. But this lease did not divest the lessors of their fee in the leased premises; at any time, upon a forfeiture, their possession would revert. The Putnams, then, had a legal right to convey the leased premises in fee and in mortgage to Hussey, who subsequently became, in legal contemplation, the landlord of the lessee. Again, on an inspection of Burleigh's plan, it will be noticed, that the dam extends across the Meduxnekeag stream; on the eastern shore is a sawmill, on the western the gristmill. Such were the erections at the date of the Hussey deed. How natural, then, and appropriate, it would have been to denominate the eastern part the sawmill, more

Product details

  • Paperback | 210 pages
  • 189 x 246 x 11mm | 386g
  • United States
  • English
  • black & white illustrations
  • 1236921607
  • 9781236921604