Turner v. Estes
Massachusetts Supreme Judicial Court
This was an action of the case for enticing away and harboring the plaintiff’s wife, and was tried, on the general issue pleaded, before Sedgwick, J., at the last April term, at Concord. At the trial, the plaintiff proved a marriage between him and Rebecca Curtis.
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This was an action of the case for enticing away and harboring the plaintiff’s wife, and was tried, on the general issue pleaded, before Sedgwick, J., at the last April term, at Concord. At the trial, the plaintiff proved a marriage between him and Rebecca Curtis. He then proved that before the month of March, A. D. 1804, he was seised of an estate in Hanover, in right of his wife, which was assigned to her, as her dower in her former husband’s estate; that Estes married a daughter of said Rebecca, and in right of his wife occupied the other two thirds of the same estate; and that they all…
1Opinion of the Court
Curia.
The defendant is charged in this action with enticing and harboring the plaintiff’s wife. No evidence was given at the trial of any enticing. As to the charge of harboring, the sum of the evidence is, that the defendant permitted his wife’s mother to remain in his house, without using force to expel her. He was not obliged to use force. Had he opposed the husband, when attempting to take his wife, or refused him access to his house, [ * 319 ] when he applied to enter, * for the purpose of removing her, the action might have been supported. But the mere exercise of hospitality to the…
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