Reports of Cases in Law and Equity Determined by the Supreme Judicial Court of Maine (Volume 45) (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1859. Excerpt: ... Thornton v. York Bank. in regard to the right of exceptions should not be applied to each, and to all other cases where a like discretionary power is exercised. Perceiving no error in regard to any specific question of law raised upon the exceptions, the conclusion to which the Court have arrived, in view of the whole subject, and the laborious and able argument of the counsel for the petitioner, is, that the exceptions must be dismissed. Exceptions dismissed. Tenney, C. J., Hathaway, Cutting, Goodenow, and Davis, J. J., concurred. Thomas G. Thornton versus York Bank cds. 45 lftsl e PsBession one tenan' i common of real estate is always presumed ws n- to be in maintenance of the right of all the tenants, if his acts will admit of that construction. And, if he enters upon the common property and takes the whole rents and profits, without paying over any share thereof to his co-tenants, such possession is not to be considered adverse, but in support of the common title. But, if one tenant in common takes actual and exclusive possession of the entire estate, under a deed of the whole, duly acknowledged and recorded, from one who has no title, and receives the rents and profits, denying the right of any other person in the land, such possession is a disseizin of his co-tenants. When such possession is apparently exclusive and adverse, the presumption of disseizin may be rebutted by other evidence showing that the rights of the co-tenants have been admitted or acknowledged. The respondents to a petition for partition cannot avail themselves of the provision of the Revised Statutes of 1841, c. 145, (R. S. 1857, c. 104, ) by which tenants may be allowed compensation for buildings and improvements made by them, or those under whom they claim. If the responde...