Thomes v. Moody
Supreme Judicial Court of Maine
This was an action of trover for five tons of bay, four barrels of wheat in tbe chaff, twenty loads of manure, and a lot of plank and boards, and was tried upon the general issue, before Parris J., Nov. term, 1833. Tbe jury found for the defendant, as to all the property described in the writ, except the hay and wheat, and as to these, the following facts appeared in evidence.
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This was an action of trover for five tons of bay, four barrels of wheat in tbe chaff, twenty loads of manure, and a lot of plank and boards, and was tried upon the general issue, before Parris J., Nov. term, 1833. Tbe jury found for the defendant, as to all the property described in the writ, except the hay and wheat, and as to these, the following facts appeared in evidence. On the 14th of May, 1832, one Samuel Moody, not having either title or possession, by deed conveyed to William Thornes, the plaintiff’s lessor, the homestead farm of Edmund Moody, deceased, and put the said William…
1Opinion of the Court
Mellen C. J.,
at a term lioldcn by adjournment in August following, delivered the opinion of the Court.
On the 14th of May, 1SS2, the defendant, one of the sons of the late Edmund Moody, was peaceably occupying and possessing the farm and dwellinghouse thereon standing, of which his father died seised, and on that day, he was, in a forcible and unlawful manner, turned out of possession of the same by the plaintiff, Samuel Moody, and some others; and with force and a strong hand, ho was kept out of possession until the 28th of February, 1833, at which time ho was restored to, and regained the…
2Cases cited2 opinions
- Higginson v. YorkMassachusetts Supreme Judicial Court · 1809
- Cox v. CallenderMassachusetts Supreme Judicial Court · 1813
3Cited by2 opinions
- Lindsay v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1882
- Jewett v. DringerSupreme Court of New Jersey · 1878