Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 10
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Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 10

Maine Reports; Cases Argued and Determined in the Supreme Judicial Court of Maine Volume 10


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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. 1835 edition. Excerpt: ... the defendant was in possession of the premises, or any part thereof at the time of the commencement of the action. All the evidence as to both points was left to the jury, with instructions as to the facts necessary to constitute a disseizin. The counsel for the demandants requested the Chief Justice, who presided at the trial, to instruct the jury that, the recording of the defendant's deed a short time before the action was commenced, with his aforesaid declarations as to his fence, were suflicient evidence of his being in possession when the action was commenced, unless said evidence was in some way explained or contradicted. But the Judge declined giving such a definite instruction. The jury returned a verdict in favour of the defendant, in the following words: " The jury find "that the defendant has held quiet possession of the demand" ed premises for more than 20 years at one time after the year " 1783. The jury further find for the defendant upon the " ground that he was not in possession of the demanded prem" ises at the time of the commencement of this action." The demandant's counsel filed a motion fora new trial predieating it on the following reasons. 1. " Because the verdict Von. 1. 33 " does not find the issue joined by the parties, and which was " submitted to the jury." " 2. Because the facts that they have found, are immaterial." " 3. Because the jury have not found that the tenant either " did or did not disseize the said demandants, which was the " only issue submitted to them." " 4. Because the finding of the jury is contrary to the evi" dence in the case, and against the weight of...


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Product Details
  • ISBN-13: 9781230087283
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 176
  • Spine Width: 10 mm
  • Width: 189 mm
  • ISBN-10: 1230087281
  • Publisher Date: 13 Sep 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 327 gr


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