Blake v. Collins
| Decision Date | 06 February 1879 |
| Citation | 69 Me. 156 |
| Parties | ABIGAIL BLAKE & others v. GEORGE W. COLLINS. |
| Court | Maine Supreme Court |
ON REPORT.
Writ dated September 13, 1876.
ACTION OF TROVER, to recover the value of certain logs alleged to have been cut on lot of land, Block 20, Letter E, Aroostook county.
Plea the general issue. The verdict was for the sum of $137.30. The question at issue was, whether the plaintiffs should recover for the whole or any part of the lumber cut upon the lot; and for the purpose of expediting the trial, it was agreed before argument, that the only question to be submitted to the jury should be one of damages, and that upon the testimony to be reported, the full court should determine whether the plaintiff could recover all or any part of said damages, and render judgment accordingly. Facts in the opinion.
D F. Davis, for the plaintiffs.
J. B Hutchinson, for the defendant.
In this case a verdict was taken for the value of the timber cut by the defendant on the land claimed by the plaintiffs, and the case was reported for the determination of this court whether upon the evidence the plaintiffs are entitled to the whole or any part of the verdict.
Leave was granted to amend by adding new parties plaintiff, and the amendment was made.
It appears by the deeds, and the will of James Blake, that Joseph W. Blake had the title to eight-tenths of the land on which the timber was cut; and it appears by the evidence that he died in 1870, leaving the plaintiffs his only heirs at law.
The land in controversy is lot numbered twenty, in the half of township Letter E, Aroostook county, containing six hundred acres, and was conveyed by the state of Maine to John Blake in 1838. John Blake died, and his heirs conveyed the lot to James Blake and Elias Blake in 1844. By this deed James and Elias were tenants in common of the lot, each owning an undivided half.
February 22, 1847, Elias Blake gave to James a certificate, by him signed, declaring that James owned four hundred and twenty acres of the lot; two-tenths, or one hundred and twenty acres, undivided, which it appeared by their deed was owned by Elias.
Elias Blake died, and in 1849 his widow, as administratrix on his estate, by virtue of a license from the judge of probate authorizing her to sell the real estate of her intestate, sold and conveyed to James Blake three-tenths of the lot, which it appeared by said deed and certificate was owned by said Elias at the time of his death.
The main contention between the parties is as to the plaintiffs' rights in the two-tenths not embraced in the deeds to James Blake.
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...Putnam, for Hamlin and Hayford, trustees, cited, in addition to authorities cited by them in Hamlin et al. v. Jerrard, 72 Me. 62; Blake v. Rollins, 69 Me. 156; Emerson v. E. & A. Ry. Co. 67 Me. 393; Coverdale v. Aldrich, 19 Pick. 395; Gue v. Tide Water Canal Co. 24 How. 257; Eldrich v. Smit......
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Sleeper v. Loring
...which establishes the intent to create a trust. The deed and the judgment together satisfy the writing requirement. See Blake v. Collins, 69 Me. 156, 157 (1879) ("Any writing, however informal, from which the existence ofa trust in the estate and the terms of it can be sufficiently understo......
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Sleeper v. Loring, Civil Action CUMSC-AP-10-20
... ... create a trust. The deed and the judgment together satisfy ... the writing requirement. See Blake v. Collins, 69 ... Me. 156, 157 (1879) ("Any writing, however informal, ... from which the existence of a trust in the estate and the ... ...
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Dixon v. Dixon
...passes directly to the cestui que trust. He has the right to the possession and control of the estate and may convey it in fee. Blake v. Collins, 69 Me. 156. It follows, therefore, upon the principle of passive trusts, and upon that of devise and bequest of income, that the corpus of this e......