Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1892-12-02

asceisst b. ths cjert q cssris- SasadaAse
~ Lincoln csssy essss.

The following Las court decisions have
been received by Clerk of Courts Choase /:
Donneli vs. Wytie--a Lincoln county
case.
Resesips. The evidence discioses that
| the defendant widow, threatened 18th
trouble from outstanding mortgage u1on
her homestead anil perhaps With ejeetmsns
from her home, requested Samuel Donneli.
her friend. TO take them up. He did 40,
| znd during ten years. the remainder of hi.
life, allowed the defendant 10 continue to
occupy the property and deal with il a. II
IL were her own, he, meantime, holding the
legal title aad mnnimen's Of Il. and. being
seafaring man. staying periodically at
her house when ashore. at Bath, a. con
vehience Nigh, require him to do.
The testimony Of several Witnesses indi-
Gates that he, at various times. expressed
the intention Of giving her the properly.
/ Some Of them say tina; be hal said that the
property was hers bat he never did give il
10 her, and died without executing any such
purpose. The mertagazes and assignments
Of them, ut his death were found in biz
safe among his other valuable papers, at
Bath, where his home was. and the title
descended TO the plaintiffs. his legal heirs.
The defendant neither furnished funds
nor securities nor any valuable consider
ton 10 procure redemption Of the mort
cages; DOR does the evidence show any con
tract between Denueil and the defendant,
whereby he engaged to assume the mort
gage in her behalf. His conduct was pure
Is voluntarily, no donbt, sctusted by a de-
.ire to make her comfortable in the con
tiuued enjoyment of her home She has
no valid claim a, Law. nor in equity 10 he
the real owner of the property. For ten
years she has had the use and income of IT,
but she has never acquired any title 10 n,
The verdict is fully sustained by the eyi-
dence, and the motion must be oyerrulej.
Complaint ia made that equitable defeB-
ees were shut out from the consideration o;
the jury. On this score the defendent has
40 cause OF complaint. The defendant
equity can only arise 10 this case on three
grounds. First, that, BY contract D0nneii
engaged TO redeem the mortgages for the
defendant. That question was submitted
to the jury and settled in the negative.
Second, that DoBnell, pretending to have
paid the mortgages. secretly purchased them
himself and fraudlently allowed the defen-
iant. by substantial Improvements or other
wise, TO increase the value of the property
sapposIng IL 10 be her own but the evi
,ienee shows no such state of affairs.
Third. tina, Donnell hal given the morts
ges 10 the Defendant. This he never did do
He aisays retained the notes and mortgages
and assignments, himself. Title 10 real
estate may be- conveyed by deed; il passc-
by device or inheritance, and sometimes by
judicial conveyances or operation of law
but never by parol gift only. Mortgages of
real estate may be equitably transferred by
gift and delivery. the same as notes bond
or ehattles,
Both equitable and legal rights arise from
a consideration, or from conditions that arr
equivalent to it. never from mere voluntary
uncxecussd promises that have not induced
action or change of condition a. to work
a consideration for them. Delivery is es-
sential to valid gift inter rteos.
The exceptions must be overrued.
Received and filed Nov. 80, A. D.. ls92
Lander vs.. City of Bath from Sagadahoe
county.
Rescript. This is an action against the
city of Bath for flooding the plaintiff
premises. caused by an insufficient culverl
under Center street. When the Maine Cen
trail Railroad Company, OF Its predecessors
in title, included that portion of the street
containing the eulvert within the limits OF
is railroad, tile duty of maintaining both
passed from the cit, TO the railroad cor
poraiion.
The culyeri complained of was built by
the railway conf any prior to the plaintiffs
injury and has never since been main
tanned by it. The city has IN no way med
died herewith All acts that contribute
to the present condition of affairs were thr
acts of the railway company and not Of the
city The action therefore cannot be
maintained.
Plaintiff nonsuit.
Received and filed Nov. 10, A. y. ls92