From Casetext: Smarter Legal Research

Bennette v. Casavant

Supreme Judicial Court of Maine. Androscoggin
May 5, 1930
150 A. 319 (Me. 1930)

Summary

In Bennett et al. v. Casavant, supra, process of forcible entry was permitted a plaintiff claiming under a lease which had been found in equity proceedings to have been executed as "a subterfuge to accomplish the early eviction" of the defendant in possession.

Summary of this case from Rancourt v. Nichols

Opinion

Opinion May 5, 1930.

FORCIBLE ENTRY AND DETAINER. TENANCY AT WILL.

The rights of a vendee, in possession of real estate under an agreement for its conveyance, not of higher dignity than a personal obligation, and conveying no interest in the land, are similar to those of a tenant at will.

In the case at bar the ruling by the trial court, that the lease by the vendor to the plaintiffs put an end to the right of the defendant to occupy the demanded premises, was free from reversible error.

On exceptions by defendant. An action of forcible entry and detainer commenced in the Lewiston Municipal Court and later transferred to the Superior Court for the County of Androscoggin. To the findings and rulings of the presiding Judge, defendant seasonably excepted. Exceptions overruled.

The case sufficiently appears in the opinion.

Berman and Berman, for plaintiffs.

Frank A. Morey, for defendant.

SITTING: PATTANGALL, C. J., DUNN, STURGIS, BARNES, FARRINGTON, JJ. PHILBROOK, A. R. J.


This is an action of forcible entry and detainer against a disseizor who has not acquired any claim by possession and improvement. R. S., Chap. 99, Sec. 1. The action was begun in the Lewiston Municipal Court. Plea, not guilty, with brief statement of title. The case was removed to the Superior Court in Androscoggin county, R. S., Chap. 99, Sec. 6; Laws of 1929, Chap. 141.

In the Superior Court, plaintiffs had judgment, and defendant saved an exception.

A devisee of real estate for life with power of disposal, in disregard of testamentary condition that, on exercising the power, certain persons should have priority to purchase, contracted to convey the real estate, not to those persons, but to the defendant, who entered into possession of the property.

While defendant was in possession, his vendor leased the realty to the plaintiffs.

Upon that, this defendant, as plaintiff, sued for specific performance, naming the vendor and these plaintiffs, and them only, defendants.

Specific performance was denied.

The decree denying specific performance was on the ground that, for want of parties, rights under the provision of the aforesaid devise could not be determined.

In that suit there was finding that the lease had not been executed in good faith, but was a subterfuge to accomplish the early eviction of the present defendant. That finding became evidence in the trial of the case at bar.

The finding did not annul the lease. As between the lessor and the lessees, the lease remains valid.

It does not appear, in the record certified to this court, that defendant had any contractual right to occupy the premises, enforceable against an alienee with full knowledge. Handy v. Rice, 98 Me. 504.

The agreement to convey to the defendant, for anything shown to the contrary, was a personal obligation, and conveyed no interest in the land. Cook v. Walker, 70 Me. 232.

The rights of a vendee, in possession under such an agreement, are similar to those of a tenant at will. Lapham v. Norton, 71 Me. 83, 88; Look v. Norton, 94 Me. 547; Harlow v. Pulsifer, 122 Me. 472, 476.

Defendant had no right of occupancy which the giving of a lease by his vendor would not terminate. Groustra v. Bourges, 141 Mass. 7.

The ruling by the trial court, that the lease to the plaintiffs put an end to the right of the defendant to occupy the demanded premises, was free from reversible error. See Seavey v. Cloudman, 90 Me. 536; See too, dictum in Karahalies v. Dukais, 108 Me. 527.

Exception overruled.


Summaries of

Bennette v. Casavant

Supreme Judicial Court of Maine. Androscoggin
May 5, 1930
150 A. 319 (Me. 1930)

In Bennett et al. v. Casavant, supra, process of forcible entry was permitted a plaintiff claiming under a lease which had been found in equity proceedings to have been executed as "a subterfuge to accomplish the early eviction" of the defendant in possession.

Summary of this case from Rancourt v. Nichols
Case details for

Bennette v. Casavant

Case Details

Full title:FREMONT H. BENNETT ET AL vs. DOMINIQUE J. CASAVANT

Court:Supreme Judicial Court of Maine. Androscoggin

Date published: May 5, 1930

Citations

150 A. 319 (Me. 1930)
150 A. 319

Citing Cases

Sweeney v. Dahl

The question now before us, therefore, was not in issue, but the Court, in that part of its opinion wherein…

Roberts v. Cyr

Plaintiffs claimed that defendant's possession of the property was at will, invariably. They contended that…