Grover v. Howard
Supreme Judicial Court of Maine
Writ of entry, to which the general issue was pleaded. The material part of the evidence is sufficiently apparent in the opinion of the court. It was conceded at the argument, that John Grover had by leave of the defendant been in possession of the premises, ever since the demandant’s title accrued.
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Writ of entry, to which the general issue was pleaded. The material part of the evidence is sufficiently apparent in the opinion of the court. It was conceded at the argument, that John Grover had by leave of the defendant been in possession of the premises, ever since the demandant’s title accrued. Upon the evidence, or so much and such part thereof as may be legally admissible and competent, the court were to enter up judgment on nonsuit or default, as law and justice should require. The levy was void; because — 1. It was oppressive and unjust. It took the house and out-buildings, without…
1Opinion of the Court
Shepley, O. J.
The demandant derives his title to the premises from John Grover, by conveyances made since they were attached on a writ in favor of the tenant, against John Grover. The title of the tenant is exhibited by that attachment, by a judgment recovered in that suit, and an execution issued thereon, and by a levy made within thirty days of the judgment.
The premises are said to contain about four acres of land with two dwelling-houses and out-houses standing thereon, one denominated the new dwellinghouse, which appears to have been occupied b}7 John Grover at the time of the levy, and…
2Cases cited1 opinion
- Atkins v. BeanMassachusetts Supreme Judicial Court · 1817
3Cited by1 opinion
- Sullenger v. BuckSupreme Court of Kansas · 1879