Bascom v. Dempsey
Massachusetts Supreme Judicial Court
Tort. The declaration alleged that the defendant forcibly-entered the plaintiff’s close in Lowell, u and dug up and carried away the soil thereof, and built buildings thereon, and placed windows and window-frames thereon, and broke down and injured a privy vault thereon, and committed other trespasses and injuries thereon.”
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Tort. The declaration alleged that the defendant forcibly-entered the plaintiff’s close in Lowell, u and dug up and carried away the soil thereof, and built buildings thereon, and placed windows and window-frames thereon, and broke down and injured a privy vault thereon, and committed other trespasses and injuries thereon.” Trial in the Superior Court, before Mason, J., who allowed a bill of exceptions, in substance as follows: The trespass complained of was committed in June, 1885. The plaintiff proved title to the premises. The evidence as to the trespass tended to prove that the defendant…
1Opinion of the CourtField, J.
The ruling of the court was correct. If the plaintiff was not in possession “ except through his tenants,” who “ were then in actual possession,” and the acts of the defendant were an injury to the reversion, the declaration should have so alleged the facts. Woodman v. Francis, 14 Allen, 198. Gooding v. Shea, 103 Mass. 360. Dearborn v. Wellman, 130 Mass. 238.
Exceptions overruled.
2Cases cited2 opinions
- Gooding v. SheaMassachusetts Supreme Judicial Court · 1869
- Dearborn v. WellmanMassachusetts Supreme Judicial Court · 1881
3Cited by5 opinions
- Attorney General v. Dime Savings Bank of New York, FSBMassachusetts Supreme Judicial Court · 1992
- Casey v. MasonSupreme Court of Oklahoma · 1899
- Hersey v. ChapinMassachusetts Supreme Judicial Court · 1894
- Rockwood v. RobinsonMassachusetts Supreme Judicial Court · 1893
- New York Life Insurance v. Boston Consolidated Gas Co.Massachusetts District Court, Appellate Division · 1940