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80 Me. 82

Milliken v. Dockray

Supreme Judicial Court of Maine

Decided January 27, 1888

Supreme Judicial Court of Maine · decided 1888-01-27

On appeal by the defendant. The opinion states the case. We do not deem it necessary to discuss the facts, as we think this is clearly one of the class of cases in which the court will not set aside the findings of the court below, on matters of fact.

Cited by 3 later decisions — most recently December 1926

3 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1888-01-27

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Haskell, J.

¶1Bill iu equity to restrain the enforcement of a judgment at law awarding the respondent dower in real estate of which one of the orators is seized. 76 Maine, 517.

¶2If .the cause assigned for the relief prayed could have been interposed in defence of the action at law, the orators can have no relief in equity. Batchelder v. Bean, 76 Maine, 370.

¶3The findings of the court below show that the title was acquired by Milliken for the benefit of himself and the other orators at the request of the respondent and for her benefit; and the court held' that her conduct acted upon by Milliken created an equitable estoppel, on account of which the orators are entitled to relief.

¶4Equitable estoppels are favored and may be interposed in an action at law. Stanwood v. McLellan, 48 Maine, 275 ; Piper v. Gilmore, 49 Maine, 149 ; Wood v. Pennell, 51 Maine, 52; Caswell v. Fuller, 77 Maine, 105 ; Fountain v. Whelpley, 77 Maine, 132 ; Briggs v. Hodgdon, 78 Maine, 514; Davis v. Callahan, 78 Maine, 313 ; McClure v. Livermore, 78 Maine, 390.

¶5The grounds for relief in this case either were or might have been interposed to defeat the respondent’s action of dowTer, and cannot be again invoked for relief in equity.

¶6*85In this particular the court below erred in granting the relief prayed, and the decree must be reversed.

¶7Decree below reversed. Bill dismissed without costs.

Peters, C. J., Walton, Virgin, Libbey and Foster, JJ., concurred.
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