Goodwin v. Sawyer

Decided July 1, 1852

Supreme Judicial Court of Maine · decided 1852-07-01

On Exceptions from Nisi Prius, Tenney, J. Writ oe Entry. The material facts, as found by the jury upon the evidence, were as follows : — Mrs. Mary Wingate occupied the land from the year 1814 to 1835; viz, from 1814 to 1825, personally and from that time to 1835, by her son Edmund Wingate, as tenant under her. In 1835, she conveyed it to William Wingate under whom the demandant claims.

Cited by 1 later decisions — most recently April 1914

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1852-07-01

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Tenney, J.

¶1— The possession of Mary Wingate of the premises described in the demandant’s writ, from 1814 to 1825, was prima facie evidence of title in her. The occupation of Edmund Wingate afterwards, according to the evidence and the finding of the jury under the instructions, which are not subject to legal objection, did not take away this title. The right of entry remained in her till her conveyance of the land, if she was in fact at all out of possession, and existed in the demandant at the time of the commencement of this action, which can be maintained by R. S. chap. 145, sect. 11, unless the defence shall prevail.

¶2The facts, adduced by the tenants, show no title in Joseph Woodman or those who had any interest in the mortgage from him to John Holmes. Exceptions overruled.

¶3Judgment on the verdict.