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36 Me. 270

Norton v. Webb

Supreme Judicial Court of Maine

Decided July 1, 1853

Supreme Judicial Court of Maine · decided 1853-07-01

On Exceptions from Nisi Prius, Rice, J., presiding. Writ or Entry. The demandant conveyed a farm, lot No. 45, to the tenant, who at the same time re-conveyed it in mortgage. Upon this mortgage the action is brought.

Cited by 1 later decisions — most recently January 1917

1 state decisions

Relies on Flanders v. Lamphear · Wilder v. Whittemore · Holmes v. Fisher

Good law ✅— No negative treatment on recordhow we know

Decided 1853-07-01

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Shepley, C. J.

¶1The Court decided on a former occasion, that the mortgager might retain possession until there had been a breach of the condition, if the mortgagee had elected to receire support in the house upon the farm. 35 Maine, 218. During the last trial a question was presented, whether the mortgager had the right to elect, where he would furnish support to the mortgagee and his wife, if they had not elected to receire it upon the farm. The jury were instructed, that he had not that right. That he would be bound to furnish it elsewhere at their request.

¶2When one person engages to furnish support for another without a designation of any place where it should be furnished, many reasons might be offered in faror of a construction, authorizing the support to be furnished where the person pro-riding it should elect, it being a suitable place. But a different construction has prevailed, requiring the support to be furnished, where the person to be supported should elect to receive it without occasioning unnecessary expense. Wilder v. Whittemore, 15 Mass. 262; Fiske v. Fiske, 20 Pick. 499; Flanders v. Lamphear, 9 N. H. 201; Holmes v. Fisher, 13 N. H. 9.

¶3The instructions given appear to hare been in conformity to this construction of the contract.

¶4Exceptions overruled.

Tenney, Appleton and Cutting, J. J., concurred.
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