33 Me. 355
Supreme Judicial Court of Maine
Decided July 1, 1851
Supreme Judicial Court of Maine · decided 1851-07-01
On Report from Nisi Prius, Tenney, J. presiding. Assumpsit. In 1838 and 1839, the plaintiff erected buildings upon land-belonging to his wife. She died' in 1845, and her heir-at-law, in 1847, recovered judgment in a real action against the plaintiff for the land, and entered into possession under the judgment. This suit is brought against the heir to recover for the value of the buildings. The case was submitted to the Court for a legal decision.
Decided 1851-07-01
¶1—Let it be supposed that the buildings belonged to the husband. The action for the land was brought directly against him. It was his duty to defend and protect, in that action, all his rights, connected with the land.
¶2Whether he did or did not then set up his rights, by betterment claim or otherwise, does not appear by the report, and it is of no importance ; for the judgment with the possession taken under it, are a bar to this action. Nonsuit.