Mayo v. Fletcher
Massachusetts Supreme Judicial Court
The case of Mayo et al. v. Fletcher, 'was trespass for breaking and entering the plaintiffs’ dwellinghouse. In the Court of Common Pleas it appeared, that in March 1831, Daniel Blaisdell assigned to the plaintiffs all his property, in trust for the benefit of his creditors.
Read the full summary
The case of Mayo et al. v. Fletcher, 'was trespass for breaking and entering the plaintiffs’ dwellinghouse. In the Court of Common Pleas it appeared, that in March 1831, Daniel Blaisdell assigned to the plaintiffs all his property, in trust for the benefit of his creditors. In pursuance of the trust the plaintiffs sold by public auction to Daniel Shattuck, all their right in certain land of which they were possessed for a term of years, and in a dwellinghouse, standing on land not owned by them, and gave him a deed of assignment- indorsed upon the indenture of lease. Half of the purchase…
1Opinion of the Court
Putnam J.
delivered the opinion of the Court. The question in the first case is, whether the plaintiffs can maintain the action of trespass quare clausum fregit.
The entry of the defendant under Shattuck within the four months, was lawful. Newall v. Wright, 3 Mass. R. 152. He was in the same situation as the mortgager would have been in, if he had kept the possession himself during that time. The legal estate was in the mortgagees, but the. effect of the agreement between the mortgager and the mortgagees amounted to a lease to the mortgager for the four months. 1 Powell on Mortg. (Rand’s edit.)…
2Cases cited5 opinions
- Fitchburg Cotton Manufactory Corp. v. MelvenMassachusetts Supreme Judicial Court · 1818
- Gibson v. FarleyMassachusetts Supreme Judicial Court · 1820
- Willington v. GaleMassachusetts Supreme Judicial Court · 1810
- Hatch v. DwightMassachusetts Supreme Judicial Court · 1821
- Danforth v. SargeantMassachusetts Supreme Judicial Court · 1780