7 Maine opinions name it 2 courts 1891–2010 0 in the last five years
The cases below were cited by Maine courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Smith v. Sweatgreen2 sentences2006See Whitney v. Town of Woodville, 575 A.2d 313, 315 (Me.1990); Smith v. Sweat, 90 Me. 528, 533 , 38 A. 554, 556 (1897). 2006See Whitney v. Town of Woodville, 575 A.2d 313, 315 (Me.1990); Smith v. Sweat, 90 Me. 528, 533 , 38 A. 554, 556 (1897). | 1 | 1 |
Whitney v. Town of Woodvillegreen1 sentence2006See Whitney v. Town of Woodville, 575 A.2d 313, 315 (Me.1990); Smith v. Sweat, 90 Me. 528, 533 , 38 A. 554, 556 (1897). | 1 | 1 |
Emery v. Chasegreen1 sentence2003If he has, however, the habendum clause can enlarge an estate conveyed only if it is not repugnant to the premises. 10 See Emery v. Chase, 5 Me. 232, 236 (1828) (“The habendum cannot defeat or destroy an estate granted in the premises; so far as the former is repugnant to the latter, it is inoperative and void.”); but see Higgins v. Wasgatt, 34 Me. 305, 308-09 (1852) (holding that when there was “no doubt” the parties’ intended to create a life estate, their intent prevailed, giving effect to the habendum and diminishing the estate despite the conflict between the habendum and the premises). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
Higgins v. Wasgattgreen1 sentence2003If he has, however, the habendum clause can enlarge an estate conveyed only if it is not repugnant to the premises. 10 See Emery v. Chase, 5 Me. 232, 236 (1828) (“The habendum cannot defeat or destroy an estate granted in the premises; so far as the former is repugnant to the latter, it is inoperative and void.”); but see Higgins v. Wasgatt, 34 Me. 305, 308-09 (1852) (holding that when there was “no doubt” the parties’ intended to create a life estate, their intent prevailed, giving effect to the habendum and diminishing the estate despite the conflict between the habendum and the premises). | 1 | 1 |
| Case | Cited | Years |
|---|---|---|
Pope Manuf'g Co. v. Owsley
green
2 sentences1932In Pope Manufacturing Co. v. Owsley, 27 Fed., 100 , the language of the granting clause was substantially the same as in ■clause 1 of this license except that the licensor did not covenant not to grant similar rights to others. 1932In Pope Manufacturing Co. v. Owsley, 27 Fed., 100 , the language of the granting clause was substantially the same as in ■clause 1 of this license except that the licensor did not covenant not to grant similar rights to others. | 2 | 1932–1932 |
Banton v. Crosby
neutral
2 sentences2010The Law Court, in Banton v. Crosby, 50 A. 86 (Me. 1901), held that when a deed, by its own terms suggests a prior grant of title, the granting clause "give, grant, convey and confirm" does nothing more than evidence the grant or act as an identification or confirmation of title. 2010The Law Court, in Banton v. Crosby, 50 A. 86 (Me. 1901), held that when a deed, by its own terms suggests a prior grant of title, the granting clause "give, grant, convey and confirm" does nothing more than evidence the grant or act as an identification or confirmation of title. | 1 | 2010–2010 |
Dover Coöperative Bank v. Estate of Tobin
neutral
1 sentence1960It is noted that the technicalities of real estate conveyancing have been relaxed in New Hampshire, and this fact is emphasized by the court’s reference to the following quotation from Dover, etc. Bank v. Tobin’s Estate, 86 N. H. 209, 219, 166 A. 247, 248 . “ ‘It is revolting to have no better reason for a rule of law than that so it was laid down in the time of Henry IV. | 1 | 1960–1960 |
Wilcoxson v. Sprague
neutral
1 sentence1891In Wilcoxson v. Sprague, 51 Cal. 640 , the grantor (Howard) conveyed in terms, in the granting clause of his deed, all his ■" right, title and estate in and to all,” the tract of land described, and then next inserted the following clause, "It is expressly agreed that the interest hereby conveyed by the said Howard is that only which he acquired by conveyance from S. C. | 1 | 1891–1891 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.