Reports of Cases in Law And Equity Determined By the Supreme Judicial Court of Maine

Cover Reports of Cases in Law And Equity Determined By the Supreme Judicial Court of Maine
Reports of Cases in Law And Equity Determined By the Supreme Judicial Court of Maine
Maine. Supreme Judicial Court
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394. Gould v. Carlton^ 55 Maine, 511.
The bill may be sustained, although the parties are guilty of no actual or intentional fraud. Low v. Marco^ 53 Maine, 45.
Briaay v. Ifogan/\d. 554. Hamlen v. Jfc Gilltcuddy j 62 MsAnOy 268. And it is the proper remedy, even if guilty of fraud, inas- much as the title of the real estate was never in him. Chay v.
Chasey 57 Maine, 558. Webster v. FoUom^ 58 Maine, 230.
Digitized by Google BELFAST & MOOSEHEAD V. OOTTBELL. 185 The form of a decree is within the d
...iscretion of the court.
None is prescribed by statute or the practice. Zow v. Marco^ mpra. Corey v. Oreene^ 51 Maine, 114, 118.
The conclusion is, that the bill is sustained, with costs; a mas- ter to be appointed who shall assign and set off to Hannah Alex- ander a portion of the premises described in the bill, of the value of $275 ; the balance of the estate, or so much of it as will be equal in value to the sum due upon the judgment, to be by the master appraised and set off to the complainants ; a suitable con- veyance from the respondents to the complainants to be made, unless an amount equivalent to the amount of the appraisal shall be paid to the complainants, or secured to them, by the respond- ents, upon such terms as a single judge may settle, when the mas- ter's report comes in.


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