Dearborn v. Wellman
Massachusetts Supreme Judicial Court
Tort. The declaration alleged that the defendant forcibly entered the plaintiff’s close in Lowell, tore down the fences, dug up the soil, erected a building thereon, and took and carried away the soil and converted it to her own use.
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Tort. The declaration alleged that the defendant forcibly entered the plaintiff’s close in Lowell, tore down the fences, dug up the soil, erected a building thereon, and took and carried away the soil and converted it to her own use. Writ dated August 14, 1879. Trial in the Superior Court, without a jury, before Pitman, J., who allowed a bill of exceptions in substance as follows: The trespass complained of was committed in April 1879, in the yard in the rear of the plaintiff’s house. The plaintiff testified that she had owned the premises since 1866, and had occupied them exclusively from…
1Opinion of the Court
By the Court.
The plaintiff does not appear by the bill of exceptions to have asserted or proved at the trial any injury to the reversion of the premises, but to have relied only upon her possession at the time of the trespass sued for; and the presiding judge, having found as matter of fact that she was not in possession, rightly ruled as matter of law that she could not maintain her action.
Exceptions overruled.
2Cited by2 opinions
- Bascom v. DempseyMassachusetts Supreme Judicial Court · 1887
- New York Life Insurance v. Boston Consolidated Gas Co.Massachusetts District Court, Appellate Division · 1940