Legal Opinion

Hopkins v. McCarthy

Supreme Judicial Court of Maine

Decided December 15, 1921PublishedCited by 15 opinions

On exceptions. This is an action of forcible entry and detainer. It was brought iii the Lewiston Municipal Court and went to the Superior Court on appeal by plaintiff. It was tried in the Superior Court without a jury and a decision favorable to the defendant resulted, from which decision plaintiff took exceptions. Case is stated in the opinion.

1Opinion of the CourtDunn, J.

Except against the lessor and his heirs and devisees, and also in opposition to any other person actually having notice, every lease of real estate for more than seven years is imperfect, without record. R. S., Chap. 78, Sec. 14.

*28The owner of a Lewiston business block rented it in distinct parts to different tenants. One McCarthy occupied an upper floor; his lease being for two years, with option for its renewal for a ten-year or fractional term. There is no registry record of that lease of consequence here. A partnership, comprising this plaintiff as a member, was tenant in possession of…

2Cases cited3 opinions

  1. Cordova v. HoodSupreme Court of the United States · 1873
  2. Birdsall v. . RussellNew York Court of Appeals · 1864
  3. Leominster Gas Light Co. v. HilleryMassachusetts Supreme Judicial Court · 1908

3Cited by15 opinions

  1. Maine National Bank v. Morse (In Re Morse)Bankruptcy Appellate Panel of the First Circuit · 1983
  2. Ricker v. United StatesDistrict Court, D. Maine · 1976
  3. Collins v. Bank of New England-West, N.A. (In Re Daylight Dairy Products, Inc.)United States Bankruptcy Court, D. Massachusetts · 1991
  4. Springfield Fire & Marine Ins. v. Republic Ins.Court of Appeals of Texas · 1924
  5. Dumais v. GagnonSupreme Judicial Court of Maine · 1981

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