Daggett v. Tracy
Massachusetts Supreme Judicial Court
Writ of entry, dated April 15, 1878, to recover a parcel of land in Attleborough. Plea, nvl disseisin. The tenant also filed a claim for improvements. In the Superior Court, after a finding for the demandant, the case was referred to an assessor to hear and report the evidence upon the claim for improvements.
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Writ of entry, dated April 15, 1878, to recover a parcel of land in Attleborough. Plea, nvl disseisin. The tenant also filed a claim for improvements. In the Superior Court, after a finding for the demandant, the case was referred to an assessor to hear and report the evidence upon the claim for improvements. Upon the facts reported by the assessor, which appear in the opinion, the Superior Court ordered judgment for the tenant for improvements; and the demandant appealed to this court.
1Opinion of the CourtEndicott, J.
We are called upon to decide whether, upon the facts reported, the tenant in this action is entitled, as matter of law, to compensation for the value of buildings or improvements made or created upon the demanded premises, on the ground that he holds them under a title which he had reason to believe good. Gen. Sts. e. 134, § 19.
The tenant went into possession in April 1873, under an oral agreement with the demandant for a deed upon payment of $325, with interest at the rate of six per cent, and all taxes assessed thereon until the money was paid; but no time was named for the payment. It was…
2Cases cited2 opinions
- Potter v. JacobsMassachusetts Supreme Judicial Court · 1872
- O'Brien v. JoyceMassachusetts Supreme Judicial Court · 1875
3Cited by4 opinions
- Smith Paper Co. v. ServinMassachusetts Supreme Judicial Court · 1881
- Peters v. StoneMassachusetts Supreme Judicial Court · 1906
- Anderson v. ConnollyMassachusetts Supreme Judicial Court · 1941
- Paine v. GobinMassachusetts Supreme Judicial Court · 1934