Fraser v. Fraser, 598 A.2d 751 (1991)

Citation: Fraser v. Fraser, 598 A.2d 751 (1991)
Parent Document: Fraser v. Fraser, 598 A.2d 751 (1991)
Jurisdiction: Maine (state)
Effective Date: 1991-11-01
Original Source: https://www.courtlistener.com/opinion/5129878/fraser-v-fraser/ ↗

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[T]he Superior Court shall: (1) adjudicate whether or not plaintiff has a title sufficiently superior to that of defendant which entitles plaintiff to the immediate possession of the land at issue; (2) adjudicate all other issues defendant has raised and which should be decided to permit the case to be definitively and fully resolved; (3) based on its adjudications as delineated in the two previous points, adjudicate who of the parties is entitled to the immediate possession of the premises; and (4) then make an order; (a) stating the substance of its adjudication as to the entitlement to possession and directing entry of it on the docket of the Superior Court, and (b) directing entry on said docket of a remand of the action to the District Court for the District Court to make an entry on its docket of a “judgment of possession” in favor of the party adjudicated by the Superior Court to be entitled to the immediate possession of the premises. Id. (footnote omitted).

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