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Reports of Cases in Law and Equity Determined by the Supreme Judicial Court of Maine (Volume 40)

Reports of Cases in Law and Equity Determined by the Supreme Judicial Court of Maine (Volume 40)


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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. 1857. Excerpt: ... 103 Mathews r. Light. istence of which he has disclosed. The copy of the deed was rightly excluded. Nonsuit confirmed. Exceptions overruled. Mathews versus Light. Three notes of hand, payable at different times, were secured by mortgage, and the two having the longest pay day, were sued and collected soon after they were due. In an action upon the mortgage, the note first due was not produced, nor any evidence given of its loss, or that it remained unpaid; held, that after the lapse of thirty years, it may be presumed to have been paid. On Report from Nisi Prius, Appleton, J., presiding. Writ Op Entry. Plaintiff claimed title to the premises as assignee of a mortgage given by defendant to one Joseph Pierce on Oct. 20, 1819, to secure the payment of three promissory notes of $84,16 each, one payable in June following, and the other two in one and two years from the same June. Joseph Pierce died prior to July, 1828, when Joseph H. Pierce was authorized to act as his executor. Joseph H. Pierce was lost at sea the last of the year 1832. Administration de bonis non, of Joseph Pierce, was granted to Henry A. Pierce, in the county of Waldo, in 1853, and he assigned the copy of the mortgage and note to plaintiff, the original not being found. It appeared by the testimony of Henry A. Pierce that he had searched among the papers of Joseph Pierce, but could not find the mortgage or notes. Sundry evidence was objected to for want of evidence of the loss of the papers. To rebut the presumption of payment of the notes, the plaintiff introduced the deposition of one Overlook, tending to show a conversation between Joseph Pierce and defendant, in 1829, when the defendant proposed to buy the premises; also the answers of defendant in an equity proceeding Mathews v. Light....


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Product Details
  • ISBN-13: 9781153982429
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 194
  • Spine Width: 10 mm
  • Width: 189 mm
  • ISBN-10: 1153982420
  • Publisher Date: 01 Jan 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 408 gr


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