Sawyer v. Hanson
Supreme Judicial Court of Maine
Exceptions from the Western District Court, Goodenow, J. presiding. The defendant, on the seventeenth of June, 1843, owned the southwesterly half of a dwellinghouse in Portland, standing on land of another person by permission of the owner thereof; and on that day mortgaged the same to St. John Smith, to secure the payment of a sum of money in six months from date.
Read the full summary
Exceptions from the Western District Court, Goodenow, J. presiding. The defendant, on the seventeenth of June, 1843, owned the southwesterly half of a dwellinghouse in Portland, standing on land of another person by permission of the owner thereof; and on that day mortgaged the same to St. John Smith, to secure the payment of a sum of money in six months from date. The mortgage contained a provision, that the mortgagor should have the right, “ to continue in possession of the premises until the expiration of said six months.” On March 29, 1844, Smith transferred “ all his right, title and…
1Opinion of the Court
*544The opinion of the Court was by
Tenney J.
This complaint is to obtain possession of one half of a dwellinghouse, standing upon land, not claimed as the property of either party, erected thereon by the owner’s consent. It is alleged, that the defendant, on the first day of June, 1844, having before that time had lawful and peaceable entry into the lands and tenements of the complainant, &c. “ and whose estate in the premises was determined on the 29th day of May, 1844, then did and still does unlawfully refuse to quit the same; although the complainant avers, that he gave notice in writing to…
2Cases cited1 opinion
- Commonwealth v. DudleyMassachusetts Supreme Judicial Court · 1813
3Cited by2 opinions
- Miles v. ShreveMichigan Supreme Court · 1914
- Trimount Coin MacHine Co. v. JohnsonSupreme Judicial Court of Maine · 1956