Towne v. Butterfield
Cases that cite this one
20 later published cases cite this decision.
- Foster v. Lee (Mass. 1930)
- Timber Co. v. . Yarbrough (N.C. 1920)
- Buckhorn Land & Timber Co. v. Yarbrough (N.C. 1920)
- Farnsworth v. . Boro Oil Gas Co. (N.Y. 1915)
- Brown v. Dickey (Me. 1909)
- Illinois Steel Co. v. Budzisz (Wis. 1909)
- Hinckley v. Guyon (Mass. 1899)
- Austin v. Kimball (Mass. 1897)
- Frank v. Palmer (Ill. App. Ct. 1896)
- Crockett v. Althouse (Mo. Ct. App. 1889)
- Alderson v. Marshall (Mont. 1888)
- O'Donnell v. McIntyre (New York Supreme Court 1885)
- Whiting v. . Edmunds (N.Y. 1884)
- Lyon v. Cunningham (Mass. 1884)
- Gage v. Campbell (Mass. 1881)
- Dunham v. Townsend (Mass. 1872)
- Longfellow v. Longfellow (Me. 1870)
- Hilbourn v. Fogg (Mass. 1868)
- Farwell v. Rogers (Mass. 1868)
- Hawes v. Shaw (Mass. 1868)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The demandant having the actual possession of the demanded premises, under a deed of warranty, and claim of title, had an actual seisin, by right or by disseisin, sufficient to maintain his action, unless the defendant can show a better title. Jackson on Real Actions, 4. Stearns on Real Actions, 239. The tenant, being let into possession by the demandant under a contract to purchase, became thereby tenant at will to the demandant. Gould v. Thompson, 4 Met. 224. The question then arises, whether the tenant, being lessee at will of the demand-ant, can be permitted to assert a title inconsistent with that of her lessor at the time of making the lease, having never surrendered the possession, and no eviction by the owner of a paramount title, or anything equivalent to such eviction having occurred? And we are all of opinion that she cannot. Lessee of Galloway v. Ogle, 2 Binn. 468. Binney v. Chapman, 5 Pick. 124. George v. Putney, 4 Cush. 351. 1 Washb. Real Prop. 357-359, and cases there cited. Francis B. Smith, being disseised, could convey no title to a third person not in possession; and until entry by him, or demand upon the tenant, the tenant’s possession was that of her landlord.
Judgment for demandant.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.