Beach v. Royce

Supreme Court of Connecticut

Beach v. Royce

1 Root 244

DecidedJanuary 15, 1791

StatusPublished

This text of 1 Root 244 (Beach v. Royce) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Beach v. Royce, 1 Root 244 (Colo. 1791).

Pincite

Opinion

By the Court.

There having been no actual ouster of the plaintiff by the entry of the defendant, and the defendants remaining in possession and taking the profits under the circumstances of this case, is to be considered as holding not against, but under the plaintiff, as tenant at will; especially as the defendant by his note had secured the annual interest of the debt, which is in lieu of the annual rents, for which he is now liable. Besides, by his accepting said bond and condition from the plaintiff he is estopped from claiming said land without paying said note.

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By the Court.

There having been no actual ouster of the plaintiff by the entry of the defendant, and the defendants remaining in possession and taking the profits under the circumstances of this case, is to be considered as holding not against, but under the plaintiff, as tenant at will; especially as the defendant by his note had secured the annual interest of the debt, which is in lieu of the annual rents, for which he is now liable. Besides, by his accepting said bond and condition from the plaintiff he is estopped from claiming said land without paying said note.

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Bluebook (online)

1 Root 244, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beach-v-royce-conn-1791.