Fenderson v. Belcher

Supreme Judicial Court of Maine

Fenderson v. Belcher

68 Me. 59, 1878 Me. LEXIS 27

DecidedJanuary 16, 1878

StatusPublished

This text of 68 Me. 59 (Fenderson v. Belcher) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

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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.

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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.

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Bluebook (online)

68 Me. 59, 1878 Me. LEXIS 27, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fenderson-v-belcher-me-1878.