Burrell v. Burrell
Massachusetts Supreme Judicial Court
This was an action of trespass for breaking and entering two several closes of the plaintiff in Sheffield, and taking away two several parcels of fence thereon standing. The cause was tried on the general issue, at the last May term in this county, before Jackson, J., from whose report of the trial it appears that one of the fences was on the dividing line between two lots of land owned by the parties respectively.
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This was an action of trespass for breaking and entering two several closes of the plaintiff in Sheffield, and taking away two several parcels of fence thereon standing. The cause was tried on the general issue, at the last May term in this county, before Jackson, J., from whose report of the trial it appears that one of the fences was on the dividing line between two lots of land owned by the parties respectively. The trespass complained of was the defendant’s removing a part of that fence, which was made of rails. The defendant produced evidence to show that he built this same part of the…
1Opinion of the CourtParker, C. J.
*272There can be no question of the correctness of the verdict upon the first count. The action is trespass; and a possession, at the time the act supposed to be a trespass was done, must be proved, or the action cannot be maintained. Now, there was evidence of a possession by fence in the defendant for more than twenty years before the action was brought; and that the part of the fence, the removal of which is complained of, had been repaired by him during that time; also that the new fence or stone-wall was erected within the line on which the old fence stood.
The only question which could exist…
2Cited by12 opinions
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