Codman v. Jenkins
Massachusetts Supreme Judicial Court
Tms action was assumpsit for the use and occupation of certain real estate, and was submitted to the determination of the Court, upon the following facts stated and agreed by the parties: — The said estate was formerly the property of Anne Austin, the late wife of John Austin, and the plaintiffs are her heirs at law.
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Tms action was assumpsit for the use and occupation of certain real estate, and was submitted to the determination of the Court, upon the following facts stated and agreed by the parties: — The said estate was formerly the property of Anne Austin, the late wife of John Austin, and the plaintiffs are her heirs at law. After the death of the said Anne, who died without ever having had issue by her said husband, the said John being in possession of the premises, claiming them as his own, and having been in pas session thereof more than twenty years, and ever after his intermarriage with the said…
1Opinion of the CourtWilde, J.
The estate, for the use and occupation of which this action is brought, having been demised by one John Austin to the defendant, to hold during the life of the lessor, at the yearly rent of twenty dollars, and the reversion having been afterwards conveyed to the plaintiffs, it has been argued that they have a right to recover the rent, as incident to the reversion, in this form of action.
It is, however, a well-settled principle, that an action of assumpsit for use and occupation will not lie where rent is reserved by deed; the proper action, in such case, being debt or covenant. It is, in…
2Cases cited1 opinion
- Cox v. CallenderMassachusetts Supreme Judicial Court · 1813
3Cited by24 opinions
- Central Mills Co. v. HartMassachusetts Supreme Judicial Court · 1878
- Croswell v. CraneNew York Supreme Court · 1849
- Pickman v. Trinity ChurchMassachusetts Supreme Judicial Court · 1877
- Brown v. CairnsSupreme Court of Iowa · 1898
- Dalton v. LaudahnMichigan Supreme Court · 1874
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