Thurston v. Hancock
Massachusetts Supreme Judicial Court
This was an action of the case, in which the plaintiff declares, that, long before the several grievances afterwards mentioned, and at the several times of committing the same, he was, and thence hitherto hath been, and still is, seized in fee of a certain messuage or dwelling-house and land, with the appurtenances, in Boston, and which were in his possession and occupancy, and he had, and still ought to have, the full, safe, and secure use and enjoyment of the same ;…
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This was an action of the case, in which the plaintiff declares, that, long before the several grievances afterwards mentioned, and at the several times of committing the same, he was, and thence hitherto hath been, and still is, seized in fee of a certain messuage or dwelling-house and land, with the appurtenances, in Boston, and which were in his possession and occupancy, and he had, and still ought to have, the full, safe, and secure use and enjoyment of the same ; nevertheless, the defendants, well knowing the premises, but maliciously contriving and intending to hurt the plaintiff in…
1Opinion of the CourtParker, C. J.
The facts agreed present a case of great misfortune and loss, and one which has induced us to look very minutely into the authorities, to see if any remedy exists in law against those who have been the immediate actors in what has occasioned the loss ; but after all the researches we have been able to make, we cannot satisfy ourselves that the facts reported will maintain this action. -
The plaintiff purchased his land in the year 1802, on the .summit of Beacon Hill, which has a rapid declivity on all sides. In 1804 he erected a brick dwelling-house and out-houses on this lot, and laid his…
2Cases cited1 opinion
- Panton v. HollandNew York Supreme Court · 1819
3Cited by78 opinions
- Radcliff's Executors v. . Mayor, C. of BrooklynNew York Court of Appeals · 1850
- Reardon v. City of San FranciscoCalifornia Supreme Court · 1885
- Booth v. . R., W. O.T.R.R. Co.New York Court of Appeals · 1893
- Gilmore v. DriscollMassachusetts Supreme Judicial Court · 1877
- Roath v. DriscollSupreme Court of Connecticut · 1850
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