Coughlin v. Gray
Massachusetts Supreme Judicial Court
Three actions .oe tort. The declaration in each case contained a count for assault and battery, a count for trespass and a count for trover. The cases were tried together in the Superior Court, before Allen, J., who, after a verdict for the defendants, allowed a bill of exceptions, the substance of which appears in the opinion.
1Opinion of the CourtMorton, J.
As a justification of their forcible entry into the premises occupied by the plaintiffs, the defendants relied upon a mortgage deed from Jeremiah Coughlin, one of the plaintiffs, to Harriet Stearns, a sale under the power contained in said mortgage, and a deed, dated May 18, 1878, from the mortgagee to Perkins, one of the defendants, under whose directions the other defendants acted. As against the mortgagor, if his rights only were concerned, and he were occupying the premises as his own, Perkins had the superior right of possession, and in such case the plaintiffs could not maintain either…
2Cases cited2 opinions
- Low v. ElwellMassachusetts Supreme Judicial Court · 1876
- King v. LawsonMassachusetts Supreme Judicial Court · 1867
3Cited by13 opinions
- Hopkins v. CommissionerUnited States Tax Court · 1950
- Hunt v. City of BostonMassachusetts Supreme Judicial Court · 1903
- Lash v. AmesMassachusetts Supreme Judicial Court · 1898
- Hurley v. HurleyMassachusetts Supreme Judicial Court · 1889
- Lambert v. RobinsonMassachusetts Supreme Judicial Court · 1894
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