| Me. | Jul 1, 1860
The opinion of the Court was drawn up by
It has been well settled, that, notwithstanding the production of a mortgage and notes secured thereby by the mortgagee, after the lapse of twenty years from the
Had the case at bar been similar to those cited, the ruling in relation to the burden of proof would have been erroneous. But it is not so; for the present case discloses the fact that — "the mortgaged premises had been held in dower by one Hannah Crooker, widow of Jonathan Crooker, from whom both parties derived their titles.” Consequently, the mortgagees were not authorized to take possession during the life-estate, and one of the material elements constituting the legal presumption was wanting. Therefore, upon the evidence, as admitted, the instructions to the jury were as favorable to the petitioners as they were legally authorized to expect. Exceptions overruled, and
Judgment on the verdict.