Osgood v. Howard
Supreme Judicial Court of Maine
This was an action of trover for a dwelling house, barn and shop ; and was tried before Parris J. upon the general issue. It was admitted that the defendant, ¡Joseph Howard, was owner of the land on which the buildings were erected ; and it was proved that he had permitted his son Henry to occupy the land ; by whom the buildings were erected, with the consent and assistance of the .defendant..
Read the full summary
This was an action of trover for a dwelling house, barn and shop ; and was tried before Parris J. upon the general issue. It was admitted that the defendant, ¡Joseph Howard, was owner of the land on which the buildings were erected ; and it was proved that he had permitted his son Henry to occupy the land ; by whom the buildings were erected, with the consent and assistance of the .defendant.. Testimony was adduced tending to prove that the aid thus rendered by the defendant was gratuitous, and without any intention of claiming any interest in the buildings thus erected. Henry being dead,…
1Opinion of the Court
Mellen C. J.
delivered the opinion of the Court, in Cumberland, in August following.
The question in this ease seems to be a new one; or in other words, the decision of it requires the application of certain well settled principles to certain facts, where the application of them appears to be considered as a novelty. The facts before us are few and simple, and we wish to be understood as not extending our decision beyond those facts as they have been found by the jury. Cases, whose general character might resemble the present, may easily be imagined to involve several interesting and intricate…
2Cases cited1 opinion
- Wells v. BanisterMassachusetts Supreme Judicial Court · 1808
3Cited by7 opinions
- Wickersham v. OrrSupreme Court of Iowa · 1859
- Central Branch Railroad v. FritzSupreme Court of Kansas · 1878
- Gafford Lumber & Grain Co. v. EavesSupreme Court of Kansas · 1923
- Sutton v. FrostSupreme Judicial Court of Maine · 1981
- Kuhlmann v. MeierMissouri Court of Appeals · 1879
2 more not listed; retrieve them via the Exa API.