Hall v. Mayo

Gray, J.*

This is an action of tort in the nature of trespass for breaking and entering the plaintiff’s close upon the sea-shore *417in Dennis, formerly a part of Yarmouth, digging up the earth, and erecting a fish weir. The defendants in their answer denied the plaintiff’s title, and claimed title under Vienna Hall and others, under whom the defendants acted, in the place where the weir was erected. Both parties traced their titles to the division of lands in 1714 among the original proprietors of the town Yarmouth, as appearing in their records. The title under which the defendants justified…