Burdin v. Ordway

Supreme Judicial Court of Maine

Burdin v. Ordway

34 A. 175, 88 Me. 375, 1896 Me. LEXIS 20

DecidedJanuary 23, 1896

StatusPublished

This text of 34 A. 175 (Burdin v. Ordway) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Burdin v. Ordway, 34 A. 175, 88 Me. 375, 1896 Me. LEXIS 20 (Me. 1896).

Pincite

Opinion

Haskell, J.

Assumpsit for rent. No express promise is shown, and the law does not imply one from the facts in the case. The defendant was tenant of the plaintiff’s father. He died, and the tenant denies the title of the plaintiff, who claims to hold as heir. As to him, the tenant has become a disseizor. There was no relation of landlord and tenant between them from which the law implies assumpsit for rent or use and occupation. Rogers v. Libbey, 35 Maine, 200; Howe v. Russell, 41 Maine, 446; Emery v. Emery, 87 Maine, 281. Title to land should not be tried in assumpsit.

Plaintiff nonsuit.

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Haskell, J.

Assumpsit for rent. No express promise is shown, and the law does not imply one from the facts in the case. The defendant was tenant of the plaintiff’s father. He died, and the tenant denies the title of the plaintiff, who claims to hold as heir. As to him, the tenant has become a disseizor. There was no relation of landlord and tenant between them from which the law implies assumpsit for rent or use and occupation. Rogers v. Libbey, 35 Maine, 200; Howe v. Russell, 41 Maine, 446; Emery v. Emery, 87 Maine, 281. Title to land should not be tried in assumpsit.

Plaintiff nonsuit.

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Bluebook (online)

34 A. 175, 88 Me. 375, 1896 Me. LEXIS 20, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burdin-v-ordway-me-1896.