Williams v. McGaffigan
Massachusetts Supreme Judicial Court
Action on the Gen. Sts. c. 137, to recover possession of certain premises in Boston. At the trial in the Superior Court, before Pitman, J., the jury returned a verdict for the plaintiff; and the defendant alleged exceptions, which appear in the opinion.
1Opinion of the CourtMorton, J.
The process of forcible entry and detainer, provided by our statutes, is in its nature an action by which one who has been in the possession and enjoyment of an estate, and who has been forcibly deprived of it, may be restored to the possession and enjoyment. Our statutes give a similar remedy to a landlord against his lessee who holds possession without right, after the determination of his lease, and to a mortgagee after foreclosure who is kept out of possession by any person without right. Gen. Sts. c. 137, § 2. St. 1879, e. 237.
*123But, except in the cases of landlords and of mortgagees, this…
2Cases cited2 opinions
- Boyle v. BoyleMassachusetts Supreme Judicial Court · 1876
- Woodside v. RidgewayMassachusetts Supreme Judicial Court · 1879
3Cited by2 opinions
- New England Mutual Life Insurance v. WingMassachusetts Supreme Judicial Court · 1906
- Sheehan Construction Co. v. DudleyMassachusetts Supreme Judicial Court · 1937