Marcy v. Stone
Massachusetts Supreme Judicial Court
This was an action of trespass quare clausum fregit, commenced on the 1st of November, 1849, and tried in the court of common pleas, before Hoar, J., who signed the following bill of exceptions : — This action was brought against the defendant, for cutting grass upon an acre of land, alleged by the plaintiff to be his close.
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This was an action of trespass quare clausum fregit, commenced on the 1st of November, 1849, and tried in the court of common pleas, before Hoar, J., who signed the following bill of exceptions : — This action was brought against the defendant, for cutting grass upon an acre of land, alleged by the plaintiff to be his close. The defendant pleaded the general issue, and specified in defence, that he entered under certain persons named, who were the children of Abigail Marcy, the widow of Joseph Marcy. The plaintiff produced evidence that the estate was part of a large estate, formerly…
1Opinion of the CourtShaw, C. J.
The bill of exceptions in this case is unsatisfactory, because it leaves in doubt several facts, which seem material to the case.
We understand that the premises, on which the trespass Is assigned, were about an acre of land, part of a larger estate, formerly belonging to Jedediah Marcy, deceased; and that Jedediah, the elder, devised one undivided third of the estate to Abigail his wife, and the residue to his children. The one third to the wife is not stated, in terms, to be for life; but it is said “ the use of an undivided third part,” and no words of limitation; and therefore we assume,…
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