Inhabitants of Town of Lebanon v. Shapleigh

• Decision Date: 31 December 1958
• Citation: 154 Me. 325,147 A.2d 451
• Parties: INHABITANTS OF TOWN OF LEBANON, Board of Selectmen of Lebanon and Town Treasurer of Lebanon, v. James H. SHAPLEIGH and William T. Shapleigh, Trustees, and All Persons Who Claim or Might Claim By, Through or Under Them; and Richard W. Shapleigh, Deceased, and All Persons Who Claim or Might Claim By, Through or Under Him, as Heirs at Law or Otherwise.
• Court: Maine Supreme Court

Page 451

147 A.2d 451

154 Me. 325

INHABITANTS OF TOWN OF LEBANON, Board of Selectmen of

Lebanon and Town Treasurer of Lebanon, v. James H. SHAPLEIGH and William T. Shapleigh, Trustees, and All Persons Who Claim or Might Claim By, Through or Under

Them; and Richard W. Shapleigh, Deceased, and All Persons

Who Claim or Might Claim By, Through or Under Him, as Heirs

at Law or Otherwise.

Supreme Judicial Court of Maine.

Dec. 31, 1958.

Willard & Hanscom, Sanford, Simon Spill, Biddeford, for plaintiffs.

Titcomb, Fenderson & Titcomb, Sanford, Frank F. Harding, Atty. Gen., for defendants.

Before WILLIAMSON, C. J., and WEBBER, TAPLEY, SULLIVAN and DUBORD, JJ.

DUBORD, Justice.

This is a petition for a declaratory judgment brought on the equity side. It seeks a determination relating to the interpretation of a gift given to the Town of Lebanon in 1894, by James H. Shapleigh and William T. Shapleigh, who describe themselves as trustees of Richard W. Shapleigh. Service on the defendants was made by publication. None of the defendants appeared, no guardian ad litem was appointed for minors or incompetent persons, and no decree pro confesso or otherwise was entered in the court below involving the defendants. No attorney appeared for the defendants. During the pendency of the proceeding, seventeen inhabitants of the Town of Lebanon were permitted to intervene. They filed an answer to the petition, in which they describe themselves as defendants.

The case is before us on report in attempted compliance with the provisions of Section 24, Chapter 107, R.S.1954. The justice below signed the usual certificate to the effect that he was of the opinion that a question of law was involved of sufficient importance or doubt to justify the same and that the parties had agreed thereto.

It appears that the plaintiffs and the intervenors agreed to report the cause to the Law Court. However, there is nothing in the record to indicate that the defendants ever agreed to the report. The action of the intervenors in no way binds the defendants nor impairs their rights.

In Fenn v. Fenn, 130 Me. 520, 155 A. 803, 804, the Court in discharging the report said:

'This law court has jurisdiction to determine causes in equity certified on report only when the presiding justice is of opinion, and so certifies, that a question of law is involved of sufficient importance or doubt to justify the same, and the parties agree thereto. Revised Statutes, chap. 91, § 56 (now Chap. 107, sec....