Moshier v. Reding
Supreme Judicial Court of Maine
This was trespass, quare clausum fregit, and was tried upon the general issue, before Parris J. at the June term in this coun-' ty, 1834. The facts, substantially, as stated in the bill of exceptions, were thus : John Black, as agent of the Bingham, heirs, in the year 1824, gave the defendant, Reding, a bond, conditioned for the conveyance of the locus in quo, on payment of two certain notes of hand given for the purchase money.
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This was trespass, quare clausum fregit, and was tried upon the general issue, before Parris J. at the June term in this coun-' ty, 1834. The facts, substantially, as stated in the bill of exceptions, were thus : John Black, as agent of the Bingham, heirs, in the year 1824, gave the defendant, Reding, a bond, conditioned for the conveyance of the locus in quo, on payment of two certain notes of hand given for the purchase money. Reding entered into possession, though, as Black testified, he gave him no permission so to do, but it was with his knowledge. In 1825, Reding gave one Charles McLean…
1Opinion of the Court
The opinion of the Court was delivered by
Parris J.
The plaintiff, having proved that he had occupied the farm where the trespass is alleged to have been committed, for a number of years, had erected a house thereon where he dwelt with his family, and that he had never abandoned the possession, was entitled to continue his occupation unmolested by the defendant, unless the latter could show some superior claim or title thereto. He did show that he was an earlier occupant, that he entered upon the premises in 1824, and continued to improve them until he contracted to sell to McLean, and then…
2Cases cited4 opinions
- Jackson ex dem. Colton v. HarperNew York Supreme Court · 1830
- Miller v. M'BrierSupreme Court of Pennsylvania · 1826
- Jackson ex dem. Livingston v. NivenNew York Supreme Court · 1813
- Bedford v. M'ElherronSupreme Court of Pennsylvania · 1815
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- Providence County Savings Bank v. HallSupreme Court of Rhode Island · 1888
- Twiss v. BoehmerOregon Supreme Court · 1901
- United States v. Real Property in South PortlandDistrict Court, D. Maine · 1991