Brewster v. Hines

I dissent from the judgment of the majority of the Court in this action which erroneously holds that the allegations in the amended complaint of the plaintiff that in an action instituted by him to quiet title the Court had adjudged that two named individuals, who are not parties to the deed to the plaintiff, had lawful title to the real estate in question as against the plaintiff was a sufficient allegation that the plaintiff had been constructively evicted from the real estate conveyed to the plaintiff by the defendant Taylor E. Himes and his wife.

It is well established in this…