Wiggin v. Wiggin
Superior Court of New Hampshire
Assumpsit for the use and occupation of a house and 'two acres of land in Stratham, from the 5th November, 1828, to the 2d April, 1830. The cause was submitted to the decision of the court upon the following facts. The plaintiff, having brought a writ of entry against the defendant to recover possession of the said house and land prevailed in the suit, and at August term of the court of common pleas in this county, 1828, judgment veas entered in his favor as upon a mortgage.
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Assumpsit for the use and occupation of a house and 'two acres of land in Stratham, from the 5th November, 1828, to the 2d April, 1830. The cause was submitted to the decision of the court upon the following facts. The plaintiff, having brought a writ of entry against the defendant to recover possession of the said house and land prevailed in the suit, and at August term of the court of common pleas in this county, 1828, judgment veas entered in his favor as upon a mortgage. On the 20th October, 1828, a writ of possession issued upon that judgment,and was executed on the 5th November, in the…
1Opinion of the CourtRichardson, C. J.
Assumpsit for the use and occupation of land lies only in cases where the defendant can be considered as having held the land with the permission of the plaintiff But the permission may be either express or implied.
In cases where the defendant has held the land adversely to the plaintiff, no permission can be implied, and assumpsit does not lie. 3 Starkie’s Ev. 1513; 2 Greenleaf, 336, Wyman v. Hook; 17 Mass. Rep. 299, Allen v. Thayer; 9 Dowling & Ryland, 480, Cripps v. Blank; Laws, Pl. in Assumpsit, 378.
But where the defendant has entered without any col- or of right, and held the land, the…
2Cited by2 opinions
- Harrell v. F. H. Vahlsing, Inc.Court of Appeals of Texas · 1952
- Morrison v. TenneySuperior Court of New Hampshire · 1844