Legal Opinion

Marvin v. Dennison

United States Circuit Court

Decided May 15, 1846PublishedCited by 4 opinions

Ejectment. It appeared, that one of the defendants claimed title to the premises in question under a mortgage from the others, and that the mortgagors were in the actual occupancy of the premises ; but, there being no evidence, that the mortgagee was in actual possession, it was objected, that the action could not be maintained against him.

1Opinion of the Court

The opinion of the court was delivered by

Prentiss, J.

The object of the action of ejectment, as adopted and in use in this State, is not merely to recover the possession, but to settle the title 'and establish the right of property, as well as to recover the possession. To this end, and to prevent a repetition of action, the judgment, instead of leaving the title and right of prop-' erty unsettled, and the same question liable to be re-tried by successive suits,"as at common law, is made conclusive as to all the parties. Looking to the purpose and effect of the action, as thus defined and…

2Cited by4 opinions

  1. Carter v. Ah SoHawaii Supreme Court · 1899
  2. Rutland Railroad v. ChaffeeSupreme Court of Vermont · 1899
  3. Patch v. KeelerSupreme Court of Vermont · 1854
  4. Delfelder v. Teton Land & Investment Co.Wyoming Supreme Court · 1933

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API