Legal Opinion

Cavis v. McClary

Superior Court of New Hampshire

Decided November 15, 1831PublishedCited by 5 opinions

Assumpsit for use and occupation. The cause was tried, upon the,general issue, at May term, 1831, and a verdict taken for the plaintiff, subject to the opinion of the court upon the following- case.

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Assumpsit for use and occupation. The cause was tried, upon the,general issue, at May term, 1831, and a verdict taken for the plaintiff, subject to the opinion of the court upon the following- case. Joseph Flanders, being seized of the premises, for the use and occupation of which, this action is brought, on the ¿9th April, 1825, by deed, conveyed the same to E. Webster, and J. Low, in fee and in mortgage ; and on the 7th February, 1827, Webster and Low, by deed, conveyed to the plaintiff all their interest in the premises. On the 14th February, 1827, the plaintiff entered upon the premises,…

1Opinion of the Court

The opinion of the court was delivered by

RíchaRdson, C. J.

Assumpsit for use and occupation is a proper remedy for the recovery of rent, where the demise is not by deed. In cases where the demise is by deed, assumpsit does not lie. Woodfall, 348—351 ; 14 Mass. Rep. 93, Codman v. Jenkins.

A mortgagee is entitled to the rents off the land from the time he enters and gives notice to the tenant, that he shall look to him for the rent, and no attornment is necessary. Woodfall, 351 ; 1 D. & E. 378, Birch v. Wright; Douglass, 279, Moss v. Gallimore ; 4 Starkie’s Ev. 1516 — 1517 ; 16 East, 99, Lumley…

2Cases cited2 opinions

  1. Fitchburg Cotton Manufactory Corp. v. MelvenMassachusetts Supreme Judicial Court · 1818
  2. Codman v. JenkinsMassachusetts Supreme Judicial Court · 1817

3Cited by5 opinions

  1. In Re Harvey Road Associates VIIIUnited States Bankruptcy Court, D. Massachusetts · 1992
  2. Fletcher v. ChamberlinSupreme Court of New Hampshire · 1881
  3. Chase v. WestonSuperior Court of New Hampshire · 1841
  4. Chellis v. StearnsSuperior Court of New Hampshire · 1851
  5. Pendergast v. YoungSuperior Court of New Hampshire · 1850

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