King v. Bangs
Massachusetts Supreme Judicial Court
Tort for breaking and entering the plaintiff’s close, and removing certain fixtures therefrom. The declaration contained two counts. At the trial in the Superior Court, before Brigham, C. J., the jury returned a verdict for the plaintiff, and a bill of exceptions was allowed, the material parts of which appear in the opinion.
1Opinion of the CourtColt, J.
Both counts in the plaintiff’s declaration are for trespass to real estate, and allege the taking and carrying away of the fixtures and other parts of a dwelling-house thereon standing. The plaintiff at the trial claimed to recover as mortgagee for the injury to his security. The defendants offered to show that after the injury complained of, and before this action was begun, the plaintiff, under the power of sale in his mortgage, sold the premises for more than enough to pay his debt and all prior incumbrances, and conveyed the same to the purchaser. The defendants’ answer was a general…
2Cases cited4 opinions
- Gardner v. HearttNew York Supreme Court · 1846
- Gooding v. SheaMassachusetts Supreme Judicial Court · 1869
- Lane v. HitchcockNew York Supreme Court · 1817
- Byrom v. ChapinMassachusetts Supreme Judicial Court · 1873
3Cited by16 opinions
- Grisham v. BodmanSupreme Court of Alabama · 1895
- Watson v. Stockton Morris Plan Co.California Court of Appeal · 1939
- Searle v. SawyerMassachusetts Supreme Judicial Court · 1879
- Belmont Mining & Milling Co. v. CostiganSupreme Court of Colorado · 1895
- California Cured Fruit Ass'n v. AinsworthCalifornia Supreme Court · 1901
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