Opinion · Supreme Judicial Court of Maine

Doak v. Wiswell

33 Me. 355

Type
Opinion
Court
Supreme Judicial Court of Maine
Jurisdiction
Maine
Date
1851-07-01
Topic
general

Tenney, J., orally. —Let it be supposed that the buildings belonged to the husband. The action for the land was brought directly against him. It was his duty to defend and protect, in that action, all his rights, connected with the land. Whether he did or did not then set up his rights, by betterment claim or otherwise, does not appear by the report, and it is of no importance ; for the judgment with the possession taken under it, are a bar to this action. Nonsuit.

Citator

UpLaw has not yet analyzed Doak v. Wiswell. The absence of a flag is not a finding that it is good law.

Tenney, J., orally.

—Let it be supposed that the buildings belonged to the husband. The action for the land was brought directly against him. It was his duty to defend and protect, in that action, all his rights, connected with the land.

Whether he did or did not then set up his rights, by betterment claim or otherwise, does not appear by the report, and it is of no importance ; for the judgment with the possession taken under it, are a bar to this action. Nonsuit.