Lawton v. Savage
Massachusetts Supreme Judicial Court
Action on the Pnb. Sts. c. 175, to recover possession of certain premises in Fitchburg. Trial in the Superior Court, without a jury, before Staples, J., who allowed a bill of exceptions, in substance as follows: Gardner S. Burbank held two mortgages on certain premises, which included the premises in question, upon which there was due about $3500. On December 8, 1880, Burbank made a peaceable entry upon the mortgaged premises for the purpose of foreclosing the mortgages, a…
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Action on the Pnb. Sts. c. 175, to recover possession of certain premises in Fitchburg. Trial in the Superior Court, without a jury, before Staples, J., who allowed a bill of exceptions, in substance as follows: Gardner S. Burbank held two mortgages on certain premises, which included the premises in question, upon which there was due about $3500. On December 8, 1880, Burbank made a peaceable entry upon the mortgaged premises for the purpose of foreclosing the mortgages, a certificate of which entry was duly recorded in the registry of deeds on December 9, 1880; and thereafter, and up to…
1Opinion of the CourtDevens, J.
Where one in the peaceable possession of premises is forcibly ousted therefrom and subsequently himself forcibly regains possession, the person who had ousted him cannot treat the temporary possession he had himself gained by force as lawful, and upon that ground maintain an action for forcible entry upon himself. If those who are ejected by force may maintain this process to restore themselves to the possession of which they were wrongfully deprived, it would be absurd that those who have forcibly ejected them should, when they are themselves ejected, be able to use this process to restore…
2Cases cited2 opinions
- Champ v. CommonwealthCourt of Appeals of Kentucky · 1859
- Hodgkins v. PriceMassachusetts Supreme Judicial Court · 1882
3Cited by5 opinions
- Snider v. DebanMassachusetts Supreme Judicial Court · 1924
- Sweeney v. DahlSupreme Judicial Court of Maine · 1943
- Dixon v. SmithMassachusetts Supreme Judicial Court · 1902
- Kiernan v. LinnehanMassachusetts Supreme Judicial Court · 1890
- Alexander v. GriswoldNew York Court of Common Pleas · 1892