Newhall v. Saddler
Massachusetts Supreme Judicial Court
After the default in this case [Vide ante, vol. 16, page 122] the tenant claimed the benefit of the “ Act for the limitation of certain real actions, and for the equitable settlement of certain claims arising in real actions ” (1); by which persons holding by virtue of a possession and improvement, are, in certain cases, allowed the increased value of the premises demanded in a real action by virtue of the buildings and improvements made by such tenants or those under whom…
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After the default in this case [Vide ante, vol. 16, page 122] the tenant claimed the benefit of the “ Act for the limitation of certain real actions, and for the equitable settlement of certain claims arising in real actions ” (1); by which persons holding by virtue of a possession and improvement, are, in certain cases, allowed the increased value of the premises demanded in a real action by virtue of the buildings and improvements made by such tenants or those under whom they may claim. The demandant objected to the application of the statute in this action, because Thomas F. Newhall, the…
1Opinion of the Court
By the Court.
It is objected that the tenant is not entitled to the Benefits of the statute, because he was not a disseisor, holding by virtue of possession only, but entered under a supposed title under a decree of the judge of probate. But it having been determined that the decree of the judge was void, it follows that the tenant entered without title, but upon the supposition of a title in his wife, or in her child by her former husband ; and he, therefore, *held by virtue of possession and improve- [*351 ] ment only, within the meaning of the statute; which cannot be so construed, as to…
2Cases cited3 opinions
- Bacon v. CallenderMassachusetts Supreme Judicial Court · 1810
- Runey v. EdmandsMassachusetts Supreme Judicial Court · 1818
- Shaw v. BradstreetMassachusetts Supreme Judicial Court · 1816
3Cited by2 opinions
- Waldron v. LeeMassachusetts Supreme Judicial Court · 1827
- Sumner v. First ParishMassachusetts Supreme Judicial Court · 1826