Miners' & Merchants' Bank v. Brice
District Court, D. Alaska
Plaintiff has brought forcible entry and detainer against defendant, alleging “that for the past year or more plaintiff has rented certain premises to defendant under a tenure of month to month, for the monthly rental of $20, payable in advance on the 6th day of each and every month”; that default has been made in the payment of rent; that notice to quit was duly served; that defendant unlawfully holds over after the default in the payment of rent; that plaintiff is entitled…
Read the full summary
Plaintiff has brought forcible entry and detainer against defendant, alleging “that for the past year or more plaintiff has rented certain premises to defendant under a tenure of month to month, for the monthly rental of $20, payable in advance on the 6th day of each and every month”; that default has been made in the payment of rent; that notice to quit was duly served; that defendant unlawfully holds over after the default in the payment of rent; that plaintiff is entitled to the possession of the property. The answer, in substance, denies the foregoing allegations, claims possession in…
1Opinion of the Court
JENNINGS, District Judge.
At the trial it in no wise appeared that plaintiff was, or ever had been, in the actual physical possession of the property described. It was shown that the legal title to the premises was formerly in defendant, and that he had given a deed therefor to the plaintiff. Defendant claims that this deed was in reality only a mortgage for an indebtedness then due from himself to plaintiff, while plaintiff contends that it was an absolute conveyance. It was shown that defendant is, and always has been, in quiet and peaceable possession of the property, occupying it as a…
2Cases cited1 opinion
- Jones v. SeawellSupreme Court of Oklahoma · 1904
3Cited by3 opinions
- Modrok v. MarshallAlaska Supreme Court · 1974
- Thrift Shop, Inc. v. Alaska Mutual Savings BankAlaska Supreme Court · 1965
- Modrok v. MarshallAlaska Supreme Court · 1974