# Devens v. Bower

> Massachusetts Supreme Judicial Court · March 15, 1856 · 72 Mass. 126

URL: https://www.frixlaw.com/law-library/cases/6410900

## Case

- **Full name:** David Devens v. George Bower
- **Court:** Massachusetts Supreme Judicial Court
- **Decided:** March 15, 1856
- **Citations:** 72 Mass. 126
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Dewey
- **Judges:** Dewey
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6410900

## Opinion text

Dewey, J.
The tenant having pleaded the general issue, unaccompanied by any specification of defence that he was not tenant of the freehold, the demandant was not required to show that the tenant was in possession of the demanded premises; nor could the tenant, upon any proof he might offer, rely upon such ground of defence. Washington Bank v. Brown, 2 Met. 293 . Burridge v. Fogg, 8 Cush. 183 .
This view of the case would be a sufficient answer to the proposed defence. But it would seem that if the facts had been introduced into the case under proper pleadings, they would have constituted no defence to an action at law to foreclose the mortgage. Merriam v. Merriam, 6 Cush. 91 .
Exceptions overruled.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6410900. Public record. Not legal advice.