Colburn v. Mason
Supreme Judicial Court of Maine
Writ of entry. The demandants and the tenant were tenants in common of the demanded premises. The pleadings are stated in the opinion of the Court. To show a disseizin by the tenant, the demandant introduced a witness who testified, that in their behalf he read to the tenant the description in their deed of a fourth part of the premises, and said to him, “ these are the premises you are in possession oí.” The answer was, “Yes — it is hard to pay twice.”
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Writ of entry. The demandants and the tenant were tenants in common of the demanded premises. The pleadings are stated in the opinion of the Court. To show a disseizin by the tenant, the demandant introduced a witness who testified, that in their behalf he read to the tenant the description in their deed of a fourth part of the premises, and said to him, “ these are the premises you are in possession oí.” The answer was, “Yes — it is hard to pay twice.” There was some question made, whether the tenant rightly understood the question, or made the reply as understood by the witness. Tenney J.…
1Opinion of the Court
The opinion of the Court was drawn up by
Whitman C. J.
By the declaration in the demandants’ writ it appears, that they claim to recover possession of one *435undivided fouth part of a certain parcel of real estate, to hold in fee and in mortgage; and the tenant does not question their right thereto; and has, in his brief statement, set forth in substance a special non-tenure thereof; at the same time averring a title in himself to another undivided fourth part of the same estate, as tenant in common with the demandants; and that he never had withheld from the demandants the possession of their…
2Cited by9 opinions
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- Bader v. DyerSupreme Court of Iowa · 1898
- Lohmann v. LohmannNew Jersey Superior Court Appellate Division · 1958
- Williams v. Sinclair Refining Co.New Mexico Supreme Court · 1935
- Roumillot v. GardnerSupreme Court of Georgia · 1901
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