Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1915-03-27


county cases have been received from
the law court by Clerk Of Courts c. w
Jones:
KENNEBEC COUNTY.
Maurice L.. Strickland VS.. Peerless
Casualty Company. Rescript, Per Gu
riam.
This is an action Of assumpsit to re-
cover sick benefits under a policy Of
insurance. The jury rendered verdict
in favor Of plaintiff for the sum OF one
hundred and fifty-five dollars and twen-
ty-fve cents. the full amount claimed
for sickness between April 20, 1912. and
July 81. 1912. The defendant brings the
case before US upon bill of exceptions
and the usual motion for new trial
The defendant does not press it's ex-
cepttons but relies wholly upon it's mo-
ton and. addressing itself to the latter,
states that "the sole issue, therefore,
to be determined by this court is wheth-
or the disease from which the plaintiff
was suffering and for which he claims
indemnity, was a chronic disease or not.
IT 1t was chronic. the liability Of the
defendant corporation is clearly limited
by the terms of the policy to a period
lars per month. If 1t was not a chronic
disease. the verdict of the jury should
not be disturbed"
The evidence submitted to the Jury
has been carefully read with due re-
gard to the contentious Of counsel. At
ter trial, apparently careful and i'm.
partial. after seeing and hearing the
witnesses and observing their manner
and appearance the jury has found for
plaintiff. We find in the evidence M
such proof of fraud. corruption, gross
paFtlal!ty or mistake as imperatiyelv
requires US to set aside the verdict as
against evidence.
The entry must therefore he.
Exceptions and motion overruled
Received March cath, 1915.
Leonard F. Hatch. Trustee, VS.. Hol.
hngsworth & Whitney Company. Re-
script. Haley, ].
A bill in equity brought by the plain.
TIT to remove a cloud upon his title to
real estate in Day Academy Grant. SO
called. in Piscataquis County. and it is
before this court upon report.
The report consists Of the BILL answer
piaintin and Walter Merritt. as trusteas
.or the Ho)oaiman Club, dated May 90
IsVV. duly recorded in the Registry of
Deeos; deed from the State Treasurer
20 the defendant. dated November 80
1SoS' duly recorded in the Piscataouis
County Registry of Deeds, and a Ger.
tincate OF a record from the State
Treasurer's Office. showing a sale for
taxes or what is claimed to be the prom.
erty described in said warranty deed
to the defendant. November 80. 1903
the GATE OF the tax deed above men-
toned
The report shows that Water Mer.
ritz one OF the trustees named in the
plalntirs deed. is deceased, and the
plaintiff is now the sole trustee unde,
said deed for said club that the legis.
iature OF 1907 assessed a tax on the
premises OF $l.S5. and the county al
Fiscataquis assessed tax of o.32 for
that year; that on the 30th day of No.
Sembsr, 1863. the State Treasurer exc
cuted and delivered the writing purport.
ing TO be deed to the defendant: that
the plaintin had no knowledge of said
assessment. the property not HAVING
been assessed from the date of the deed
under which he claims title to the date
OF the above assessment: that upon
learning of said sale to the defendant
he offered to reimburse the defendan,
for such sums as 1t had paid for said
real estate. and expenses with interest
thereon. and requested 1t to give him
q quitclaim deed to remove the cloud
cast on the plaintiffs title by said tax
deed, and the defendant refuses to aban-
don its pretended claim against said
real. estate
The defendant claims that the prem.
ises conveyed to the plaintin by the
warranty deed dated May 90, 1900. have
been forfeited to the state. and that it
has acquired. by the Treasurer's deed
Of November 80. 1909. the title to the
premises.
The defendant claiming the premises
under tax deed, given by an officer
In pursuance of the statute, must prove
that the officer complied with the pro-
visions prescribed in the statute giving
him tho poEer of sale, for they are not
only bound to know the law, but are
also bound. If they desire to claim un-
der the deed. 10 see that all of the sub
stantial requiI ements to authorize the
sale have been complied with. The re-
81 IT,