Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 78

Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 78

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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. 1887 edition. Excerpt: ...opinion. lVeuell and Jutlkins, for the plaintiff. On a bond for the support of two persons, the burden of proving performance is on defendant. Philbrook v. Burgess, 52 Maine, 272; Jarvis v. Sewall, 40 Barb. 449; Perkins v. Rogers, 20 Conn. 81. The bond runs during the life of the survivor. Zllerrill v. Biclgford, 65 Maine, 118; Douglass v. Parsons, 22 Ohio St. 526. The obligation is personal to be performed by obligor, or his administrator. Eastman v. Batchelder, 36 N. H. 141; Bethlehem v. Annis, 40 N. H. 34; F'landers v. Lamphear, 9 N. H. 201; Bryant v. Erskine, 55 Maine, 156; Clinton v. Fly, 10 Maine, 292. Administrator must enforce security. Fetch v. Hooper, 20 Maine, 163. Widow cannot claim to occupy any part as dower until it is assigned. Wyman v. Richardson, 62 Maine, 295; Bolster v. Oushmun, 34 Maine, 428; Leonard v. Jlotley, 75 Maine, 421; 4 Kent's Com. (12th ed.) '61; Uolburn v. Grover, 44 Maine, 47. A mortgagee may take possession before a breach. R. S., c. 90, 2; fllason v. lllason, 67 lIaine, 546; Allen v. Parker, 27 Maine, 531. U. Record, for the defendants, and Asa P. Moore, for the defendant, Sidney Bowie. In a mortgage to secure a bond for support on the premises, the mortgagee is entitled to possession until a breach is shown; this is implied from the nature of the transaction. In order to support on the premises, the premises must be under his control. Bean v. lllayo, 5 Maine, 89; Brown v. Leach, 35 Maine, 39; Lamb v. Foss, 21 Maine, 240; Norton v. lVebb, 35 Maine, 218. Immediately after.Irs. Hayward left the premises and went away in December, 1882, Mary J. Tracy took possession of the premises, continued it for a year rented to Bowie and received all the rents and profits to her own use. There was more

Product details

  • Paperback | 226 pages
  • 189 x 246 x 12mm | 413g
  • United States
  • English
  • black & white illustrations
  • 1236952774
  • 9781236952776