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67 Me. 184

Gammon v. Huff

Supreme Judicial Court of Maine

Decided October 9, 1877

Supreme Judicial Court of Maine · decided 1877-10-09

On Report. Writ of Entry, dated September 12, 1876, to recover possession of a piece of land in New Vineyard. The defendant pleaded the general issue with a brief statement “that since the commencement of this action the'plaintiff has convoyed away all the right, title and interest he ever had to the premises.” The plaintiff introduced a mortgage deed from Geo.

Decided 1877-10-09

Appleton, C. J.

¶1This is a writ of entry by the mortgagee. The general issue admits the premises are in possession of the tenant.

¶2The tenant offered the deed of the defendants, dated since the commencement of this suit, to one Angeline Gammon, and conveying the demanded premises, which the court excluded and prop*186erly. The tenants do not claim under it and they cannot invoke jt in aid of their possession. Parlin v. Haynes, 5 Maine, 178. Clark v. Pratt, 55 Maine, 546.

¶3Judgment for plaintiff as of mortgage.

Walton, Barrows, Virgin, Peters and Libbet, JJ., concurred.
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