Davis v. Mason
Massachusetts Supreme Judicial Court
Tee spas s quare clausum fregit. Plea, soil and freehold in the defendant. Replication, that the soil and freehold are not in the defendant, and issue joined. Trial was had before Putnam J. Upon the foregoing pleadings the defendant claimed a right ic open and close the trial of the cause before the jury, but ¿his claim was overruled, and the cause was opened and closed by the plaintiff. The plaintiff derived his title to the close from John Child.
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Tee spas s quare clausum fregit. Plea, soil and freehold in the defendant. Replication, that the soil and freehold are not in the defendant, and issue joined. Trial was had before Putnam J. Upon the foregoing pleadings the defendant claimed a right ic open and close the trial of the cause before the jury, but ¿his claim was overruled, and the cause was opened and closed by the plaintiff. The plaintiff derived his title to the close from John Child. To prove the title of Child, he produced the records of the original proprietors of common land in Holden, where the close is situated, by which…
1Opinion of the Court
Parker C. J.
delivered the opinion of the Court. Since hearing the argument in this case, we have decided in a case at Cambridge, that by St. 1820, c. 79, the legislature intended by the terms real action to comprehend the action of quare clausum fregit, so far as regards the right of appeal. The reasons for this decision will appear in the report of that case.* *
The tide of the plaintiff was prima facie sufficiently proved by the records of the proprietors, showing a location of the locus in quo to John Child, under whom the plaintiff claims. A location by the proprietors imports a…
2Cases cited1 opinion
- Weidman v. KohrSupreme Court of Pennsylvania · 1825