Lombard v. Ruggles
Supreme Judicial Court of Maine
This was an action of assumpsit, against the owner of a parcel of land, founded on Stat. 1821, ch. 62, for the value of improvements made thereon, by the plaintiff and those under whom he claimed ; the defendant having entered and ousted the plaintiff from the possession. It came up by exceptions taken in the court below to the opinion of Whitman C. J. who had nonsuited the plaintiff. The facts were these.
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This was an action of assumpsit, against the owner of a parcel of land, founded on Stat. 1821, ch. 62, for the value of improvements made thereon, by the plaintiff and those under whom he claimed ; the defendant having entered and ousted the plaintiff from the possession. It came up by exceptions taken in the court below to the opinion of Whitman C. J. who had nonsuited the plaintiff. The facts were these. One William Hill entered into possession of a certain lot of land, of which Ruggles the defendant was owner in fee; and continued thereon, making improvements, for four or five years ;…
1Opinion of the Court
The opinion of the Court was delivered at a subsequent term, by
Mellen C. J.
In the first section of ch. 47, of the revised statutes, it is provided “ that when any action has been, or may be hereafter commenced against any person for the recovery of any lands or tenements holden by such person, by virtue of a possession and improvement, an,d which the tenant, or person under whom- he claims has had in actual possession for the term of six years or more *64before the commencement of the action, the jury which tries the same, if they find a verdict for the demandant, shall, if the tenant so…
2Cases cited5 opinions
- Frear v. HardenberghNew York Supreme Court · 1810
- Thompson v. GregoryNew York Supreme Court · 1809
- Howard v. EastonNew York Supreme Court · 1810
- Benedict v. BeebeeNew York Supreme Court · 1814
- Gardiner v. CorsonMassachusetts Supreme Judicial Court · 1819
3Cited by1 opinion
- Mark W. Ogden v. Joedy LabonvilleSupreme Judicial Court of Maine · 2020