Public Service Co. v. Voudomas

Both the statutory action and the writ of entry are essentially possessory in character (P. L., c. 357, ss. 13, 14; Cheever v. Roberts, 82 N. H. 289, 292), and in this case the right of possession alone is involved. There is no dispute in regard to the legal title to the stores in question and all technical objections to the propriety of the forms of action employed by the plaintiff have been waived by the defendant. Since the defendant now occupies the premises, the plaintiff can succeed only by showing that it has a better right to immediate possession. Cheever v. Roberts, supra, and cases…