Fraser v. Fraser, 598 A.2d 751 (1991)

Citation: Fraser v. Fraser, 598 A.2d 751 (1991)
Parent Document: Fraser v. Fraser, 598 A.2d 751 (1991)
Jurisdiction: Maine (state)
Effective Date: 1991-11-01
Original Source: https://www.courtlistener.com/opinion/5129878/fraser-v-fraser/ ↗

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The Superior Court expressly determined Estelle’s right to immediate possession. Implicit in that decision is a conclusion that Estelle’s right to immediate possession in the dwelling on Barry and Phoebe’s land is superior to that of Barry and Phoebe, thereby precluding their ability to evict her. The court’s judgment sufficiently decides the matter of title within the meaning of section 6006 because it resolves the right to immediate possession among the parties to the forcible entry and detainer action. Bicknell, 417 A.2d at 421. Estelle is free to seek a determination of any legal or equitable title rights she may have in the dwelling in a plenary proceeding, such as a real action or an action for declaratory judgment. See Tozier, 437 A.2d at 649.

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