Fiske v. Chamberlin
Massachusetts Supreme Judicial Court
Tort by Benjamin Fiske and his wife, Elizabeth L. Fiske, for forcibly removing the female plaintiff on July 15, 1867, from a messuage in Malden. The defendant, who was a deputy sheriff, justified under a writ of possession issued in favor of Nicholas H. Earle on a judgment against Benjamin Fiske.
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Tort by Benjamin Fiske and his wife, Elizabeth L. Fiske, for forcibly removing the female plaintiff on July 15, 1867, from a messuage in Malden. The defendant, who was a deputy sheriff, justified under a writ of possession issued in favor of Nicholas H. Earle on a judgment against Benjamin Fiske. The premises were the same as those demanded by Earle against Elizabeth L. Fiske and Mary E. Fiske in the action of Earle v. Fiske, ante, 491. Trial in the superior court, before Rockwell, J., who, after a verdict for the defendant, reported the case for the determination of this court. The facts…
1Opinion of the CourtAmes, J.
One of the questions between these parties was disposed of in the preceding case of Earle v. Fiske, in which it was decided that Nicholas H. Earle, under whom this defendant justifies, had a better title to the estate described in the officer’s precept than any person claiming under the deed from Nancy A. Fiske under date of April 22, 1864, referred to in the report. As it is not charged that the defendant, in the service of the precept, made use of any unusual or improper force, it would seem to follow that he is protected by his precept, and cannot be considered as a trespasser for…
2Cited by3 opinions
- Woodward v. SartwellMassachusetts Supreme Judicial Court · 1880
- Commonwealth v. LennonMassachusetts Supreme Judicial Court · 1899
- Keith v. RosnoskyMassachusetts Supreme Judicial Court · 1918