Hodgkins v. Price

This is an action of ejectment for the recovery of a term. After the former decision, reported 137 Mass. 13, the case was referred to an assessor to determine the amount of damage sustained by the plaintiff by reason of the withholding from him by the defendants of the premises described in the plaintiff’s declaration. It now comes before us upon the assessor’s report.

The plaintiff contends that many of the findings of fact by the assessor are not supported by the evidence. But the evidence before the assessor is not reported; we must take the facts found by him to be true; and the only…