Rogers v. Libbey
Supreme Judicial Court of Maine
On Report from the District Court, Oole, J. Assumpsit. A house, built upon land owned by a third person, was occupied by the defendant. While he was so occupying, it was sold upon an execution against him, in 1847, and with his knowledge, was purchased by the plaintiff. The defendant continued to occupy it, refusing to pay rent to the plaintiff, and alleging that the ownership was in one Sweetser.
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On Report from the District Court, Oole, J. Assumpsit. A house, built upon land owned by a third person, was occupied by the defendant. While he was so occupying, it was sold upon an execution against him, in 1847, and with his knowledge, was purchased by the plaintiff. The defendant continued to occupy it, refusing to pay rent to the plaintiff, and alleging that the ownership was in one Sweetser. In 1849, the plaintiff brought trover against the defendant for the conversion of the house. At the trial of that suit, the defendant introduced evidence to prove that the house was the property,…
1Opinion of the CourtHoward, J.
— The plaintiff brought trover for a dwelling-house, against the defendant, and recovered upon the general issue. It is admitted, that the defendant then contested the title of the plaintiff, and alleged and attempted to prove that it was in Sweetser, under whom he claimed to occupy; that the whole matter was submitted to a jury who found for the plaintiff, and that judgment was rendered accordingly for him, in this Court. To this suit, which is for rent of the same house prior to the time of the conversion, the defendant now alleges and offers to prove, the same matter in defence, and the…
2Cases cited1 opinion
- Wood v. Jackson ex dem. GenetCourt for the Trial of Impeachments and Correction of Errors · 1829
3Cited by3 opinions
- Iguano Land & Mining Co. v. JonesWest Virginia Supreme Court · 1909
- McCloskey v. MillerSupreme Court of Pennsylvania · 1873
- Moore v. Western Meat Co.New Mexico Supreme Court · 1911