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Reports of Cases in Law and Equity Determined by the Supreme Judicial Court of Maine (Volume 41)

Reports of Cases in Law and Equity Determined by the Supreme Judicial Court of Maine (Volume 41)


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1858 Excerpt: ... Inhabitants of Dixfield v. Newton. " But the esaential ingredient, which destroys his own title, is the knowledge that the purchaser is deceived with respect to the title, and that he must suffer by it, and the neglect, when he has an opportunity to do so, to-undeceive him and save him from injury." Wilton v. Harwood, 23 Maine, 131. It does not appear from the case, that the tenant withheld any knowledge, which he actually possessed, touching the foreclosure of the mortgage. It is to be supposed, that whatever was done to cause a foreclosure, was caused by Kidder, the mortgagee, and he was a party to the conveyance. It is manifest from the case, that he believed he had an absolute title to the premises. The committee of the town, as may be well inferred from their declarations, had satisfied themselves on this point, without the least reliance upon the silence of the tenant, when it was asserted in his presence, that the mortgage had been foreclosed by a publication of a notice in some newspaper, and that the time of redemption had expired, and the mortgagee's title was absolute. The committee had the same opportunity of ascertaining fully, what had been done to cause a foreclosure, that the tenant had, and when they were about to take a deed to the.town, they were as much interested to make the inquiry as he had previously been. It is very evident that the mortgagee, the mortgager and the committee fell into an error touching the means taken to foreclose, which was common to all of them, and that all were ignorant of certain irregularities and defects in those means, which prevented the result, which all honestly supposed had been accomplished. The tenant, therefore, has been guilty of no fraud meditated against the interest of the purchasers, and the prin...


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Product Details
  • ISBN-13: 9781153836135
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 196
  • Spine Width: 11 mm
  • Width: 189 mm
  • ISBN-10: 1153836130
  • Publisher Date: 06 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 412 gr


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