Perry v. Carr
Supreme Court of New Hampshire
Trespass quare clausum, and taking and carrying away twenty cords of the plaintiff’s manure, on the 15th day of April, 1860. Writ dated April 16, 1860. Plea, general issue. It appeared that one Darius Bowers had, prior to October 21, 1859, owned the premises in question, subject to a mortgage to one Flint; and that, on said 21st day of October, 1859, said Bowers and his wife conveyed the same to this plaintiff by a deed of quitclaim.
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Trespass quare clausum, and taking and carrying away twenty cords of the plaintiff’s manure, on the 15th day of April, 1860. Writ dated April 16, 1860. Plea, general issue. It appeared that one Darius Bowers had, prior to October 21, 1859, owned the premises in question, subject to a mortgage to one Flint; and that, on said 21st day of October, 1859, said Bowers and his wife conveyed the same to this plaintiff by a deed of quitclaim. Said Flint had, however, previously sued his mortgage against said Bowers, and had, at the October Term, Court of Common Pleas, 1858, recovered a conditional…
1Opinion of the CourtNesmith, J.
On the 14th day of March, 1860, the plaintiff, by union of his titles, became the owner in fee of the premises occupied by the defendant, beyond the power of redemption. By operation of the assignment of Flint’s deed to the plaintiff, the defendant, in absence of any new contract, became the plaintiff’s tenant. Deming v. Cummings, 11 N. H. 474. It is conceded that the occupancy of the defendant at the time of the sale and removal of the manure, being the injury complained of, was that of a tenant *120at will; for the defendant did not occupy the premises by virtue of any agreement or instrument…
2Cases cited7 opinions
- Erwin v. OlmstedNew York Supreme Court · 1827
- Boylston v. CarverMassachusetts Supreme Judicial Court · 1814
- Phillips v. CovertNew York Supreme Court · 1810
- Suydam & Wyckoff v. Marine InsuranceNew York Supreme Court · 1806
- Davis v. NashSupreme Judicial Court of Maine · 1851
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