Nickerson v. Thacher
Massachusetts Supreme Judicial Court
Tort for breaking and entering tbe plaintiff’s close, and taking away sand, wood, trees, and cranberries. At tbe trial in tbe Superior Court, before Staples, J., it appeared that the plaintiff occupied the locus as a part of land set off to her as dower.
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Tort for breaking and entering tbe plaintiff’s close, and taking away sand, wood, trees, and cranberries. At tbe trial in tbe Superior Court, before Staples, J., it appeared that the plaintiff occupied the locus as a part of land set off to her as dower. The plaintiff was permitted to introduce, as evidence of her title and possession, proceedings in the Probate Court by which it appeared that commissioners duly appointed to set off dower made a report reciting that the dower as set off was equal to one half of the estate of her deceased husband ; that Josiah Taylor and Sophia Taylor, being…
1Opinion of the CourtC. Allen, J.
One who is in the actual occupation of land may maintain trespass against any person except the real owner, or the person having a right of possession. Barnstable v. Thacher, 3 Met. 239. Sweetland v. Stetson, 115 Mass. 49. There was nothing to show that the defendant had any right whatever to *610go upon the land; but the stress of his argument is, that the plaintiff’s title was not good. We need not enter upon that question; although we may remark that those in whom the title stood, if not in her, not only have never questioned, but expressly affirmed her title. The utmost that we have to decide…
2Cases cited2 opinions
- Lowe v. CommonwealthCourt of Appeals of Kentucky · 1860
- Sweetland v. StetsonMassachusetts Supreme Judicial Court · 1874
3Cited by5 opinions
- New England Box Co. v. C & R Construction Co.Massachusetts Supreme Judicial Court · 1943
- Uliasz v. GilletteMassachusetts Supreme Judicial Court · 1970
- Fowler v. OwenSupreme Court of New Hampshire · 1895
- Hunt Drug Co. v. HubertMassachusetts Supreme Judicial Court · 1937
- Munson v. GoodroSupreme Court of Vermont · 1964