Heroux v. Katt

76 R.I. 1222, 68 A.2d 25 (1949)

From our private database of 45,900+ case briefs, written and edited by humans—never with AI.

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.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 736,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 736,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 45,900 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 736,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 45,900 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership