Fenderson v. Belcher

Supreme Judicial Court of Maine

Fenderson v. Belcher

68 Me. 59, 1878 Me. LEXIS 27

Supreme Judicial Court of Maine·Decided January 16, 1878·Published

Opinion

TirgiN, J.

The lien created by R. S., c. 75, § 11, can be enforced only “ by suit and attachment of the share within two years after administration granted ” on the estate from which the share descends.

Administration was granted on Cyrus Fenderson’s estate on May 7, 1872 ; while this action was not commenced “ within two years” thereafter, but on February 18,1876. Therefore, according to the terms of the report, the entry must be,

Plaintiff nonsuit.

Abbleton, C. J., Walton, Barrows, Peters and Libbey, JJ., concurred.

Free access — add to your briefcase to read the full text and ask questions with AI

TirgiN, J.

The lien created by R. S., c. 75, § 11, can be enforced only “ by suit and attachment of the share within two years after administration granted ” on the estate from which the share descends.

Administration was granted on Cyrus Fenderson’s estate on May 7, 1872 ; while this action was not commenced “ within two years” thereafter, but on February 18,1876. Therefore, according to the terms of the report, the entry must be,

Plaintiff nonsuit.

Abbleton, C. J., Walton, Barrows, Peters and Libbey, JJ., concurred.

Fenderson v. Belcher, 68 Me. 59, 1878 Me. LEXIS 27 (Me. 1878).

Pincite

68 Me. 59 (Fenderson v. Belcher) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.