Heroux v. Katt
Rhode Island Supreme Court
76 R.I. 1222, 68 A.2d 25 (1949)
- Written by Tammy Boggs, JD
Facts
Harry Katt and others (collectively, Katt) (defendants) deliberately constructed a building that was located partly on Katt’s own land and partly on land owned in fee simple by George and Elizabeth Follett. The Folletts were not aware that part of the building encroached on their land. In 1948, Joseph Heroux (plaintiff) entered a five-year contract to lease the Folletts’ land, with the option to renew the lease for an additional five years. After the lease was executed, Heroux discovered that about 451 square feet of Katt’s building was wrongfully located on the leased premises. Heroux sought a writ of trespass and ejectment to recover possession of the leased land on which Katt’s building encroached. After a trial, the court granted Heroux’s and denied Katt’s motion for a directed verdict. Katt sought review, arguing that Heroux was required to seek an equitable remedy rather than ejectment and that Heroux was not a proper party to seek ejectment.
Rule of Law
Issue
Holding and Reasoning (Flynn, C.J.)
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