Magill v. Hinsdale
Supreme Court of Connecticut
This was an action of assumpsit for the use and occupation of land and buildings, in Middletown ; tried at Middletown, February term, 1827, before Peters, J. On the 12th of August, 1820, the plaintiff levied an execution on the land and buildings described in the declaration ; and they were duly set off to him as the estate of the Middletown Manufacturing Company.
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This was an action of assumpsit for the use and occupation of land and buildings, in Middletown ; tried at Middletown, February term, 1827, before Peters, J. On the 12th of August, 1820, the plaintiff levied an execution on the land and buildings described in the declaration ; and they were duly set off to him as the estate of the Middletown Manufacturing Company. From some time in the year 1822 to the 1st of March, 1823, the defendants, by permission of the plaintiff occupied the premises, and paid rent to him therefor ; and on the day last-mentioned, the plaintiff demised the premises to…
1Opinion of the CourtPeters, J.
1. As the charter of the Middletown Manufacturing Company, is a private statute, and not before us, the construction and extent of its provisions must be laid out of consideration. As they owned the land in question, they of course had power to mortgage it. Have they delegated this power to the plaintiff? This seems to be admitted. Has he executed this power? This is denied, because he executed the deed in his own name, and not in the name of the corporation.
2. It is a general rule, that a tenant cannot deny the title of his landlord. Merwin & al. v. Camp & al. 3 Conn. Rep. 35. But the…
2Cases cited4 opinions
- Hovey v. MagillSupreme Court of Connecticut · 1818
- Rockwell v. BradleySupreme Court of Connecticut · 1816
- Merwin v. CampSupreme Court of Connecticut · 1819
- Wakeman v. BanksSupreme Court of Connecticut · 1818
3Cited by13 opinions
- Bulger v. Wilderman and PleetSuperior Court of Pennsylvania · 1930
- Simers v. SaltusNew York Supreme Court · 1846
- Carter v. Doe ex dem. ChaudronSupreme Court of Alabama · 1852
- Second National Bank v. Midland Steel Co.Indiana Supreme Court · 1900
- Stout v. MerrillSupreme Court of Iowa · 1872
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