Shaw v. Bradstreet
Massachusetts Supreme Judicial Court
Entry sur disseizin. Trial upon the general issue, at the last September term, before Thatcher, J. The title of the demandants being admitted, the tenant alleged that he, and those under whom he claims, held the demanded premises by virtue of a possession and improvement for more than six years previous to March, 1808, and prayed that the jury should ascertain the increased value thereof, by virtue of the improvements made by him, &c., agreeably to the statute in that case…
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Entry sur disseizin. Trial upon the general issue, at the last September term, before Thatcher, J. The title of the demandants being admitted, the tenant alleged that he, and those under whom he claims, held the demanded premises by virtue of a possession and improvement for more than six years previous to March, 1808, and prayed that the jury should ascertain the increased value thereof, by virtue of the improvements made by him, &c., agreeably to the statute in that case provided ; and the demandants, protesting that the tenant did not so hold, required that the jury should ascertain the…
1Opinion of the Court
By the Court.
The demandants might well have objected to the tenant’s availing himself of the provisions of the statute ; this case coming fairly within the spirit of our decision in the case of Knox & al. vs. Hook. (1) The only difference between the two cases is, that, in the present case, the party under whom the tenant claims to hold the demanded premises had taken possession of the land before he made the agreement with the proprietors ; and, in the other case, Hook’s predecessor originally entered upon the land under a contract with the owner. But this difference cannot have any serious…
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