Taylor v. Townsend
Massachusetts Supreme Judicial Court
This action was trespass. The declaration contained two counts. The first was for breaking and entering the plaintiff’s close in Boston, pulling down, destroying, and carrying away two wooden buildings ; the second count was for breaking down the plaintiff’s fence.
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This action was trespass. The declaration contained two counts. The first was for breaking and entering the plaintiff’s close in Boston, pulling down, destroying, and carrying away two wooden buildings ; the second count was for breaking down the plaintiff’s fence. The action was tried upon the general issue, before Parker, J., November term, 1810, and a verdict taken for the plantiff, subject to the opinion of the Court upon the following facts reported by the judge who sat at the trial. On the day mentioned in the first count of the plaintiff’s declaration, the defendant was in possession…
1Opinion of the Court
The action was continued for advisement after the argument, and at this term the judgment of the Court was pronounced by
Parker, J.
This action stood over from the last law term in this county, not on account of any difficulty in deciding it, but because the whole time of the Court was occupied in a multitude of more important questions, which were then before them.
We are of opinion that, upon the facts reported, the action, as far as it respects the first count, is not maintained. It is well settled that none can maintain an action of trespass quctre clausum fregit, but he who has possession…
2Cases cited1 opinion
- Durant v. StarrMassachusetts Supreme Judicial Court · 1814
3Cited by1 opinion
- Butler v. United Chevrolet, Inc. (In re United Chevrolet, Inc.)District Court, D. Massachusetts · 1982