Cushman v. Blanchard
Supreme Judicial Court of Maine
This was an action of covenant, brought upon all the covenants in a deed of lands, with general warranty, made by the defendants to the plaintiif; and came before this Court by appeal from the judgment of the Court of Common Pleas, rendered upon a case stated by the parties.
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This was an action of covenant, brought upon all the covenants in a deed of lands, with general warranty, made by the defendants to the plaintiif; and came before this Court by appeal from the judgment of the Court of Common Pleas, rendered upon a case stated by the parties. It appeared that at the time of the conveyance to the plaintiff, one Paine was seised and possessed in fact, by an elder and better title, of six acres, being part of the land described in the deed; — that the plaintiff “ entered into possession of the u land under said deed”, by direction of the defendants, the same…
1Opinion of the CourtMellen, C. J.
This case comes before us by appeal from the judgment of the Court below on an agreed statement of facts. ' The counsel for Cushman the appellant complains of the judgment, as having been rendered for too small a sum. He -contends that damages should have been given for the value of the lands, which he was unable to hold by the deed, at the time when the *268action of trespass mentioned in the statement was decided against him ; and also for the amount of the expenses incurred by him in the defence of that action. We will consider each of these objections.
In Massachusetts it is settled by…
2Cases cited3 opinions
- Marston v. HobbsMassachusetts Supreme Judicial Court · 1807
- Twambly v. HenleyMassachusetts Supreme Judicial Court · 1808
- Gerrish v. BearceMassachusetts Supreme Judicial Court · 1814