Page v. Dwight
Massachusetts Supreme Judicial Court
Action on Pub. Sts. c. 175, to recover possession of a house and land in South Hadley, alleged to be held by the defendant unlawfully, and against the right of the plaintiff. At the trial in the Superior Court, before Dewey, J., the jury returned a verdict for the defendant; and the plaintiff alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtBarker, J.
The plaintiff bought and went into peaceable possession of land subject to mortgage. His estate was ended by a foreclosure sale, under which the defendant acquired title and the right to possession, which he could have recovered by a summary process under Pub. Sts. c. 175. He was forbidden by Pub. Sts. c. 126, § 15, to take possession by force. Instead of resorting to the statute process, he employed force of numbers, and violence, and by an actual breach of the peace put out the plaintiff and his family, and so obtained possession by force. The plaintiff thereupon brought this action under…
2Cases cited2 opinions
- Commonwealth v. DudleyMassachusetts Supreme Judicial Court · 1813
- Hodgkins v. PriceMassachusetts Supreme Judicial Court · 1882
3Cited by8 opinions
- Pernell v. Southall RealtySupreme Court of the United States · 1974
- Bank of New York v. BaileyMassachusetts Supreme Judicial Court · 2011
- New England Mutual Life Insurance v. WingMassachusetts Supreme Judicial Court · 1906
- Sheehan Construction Co. v. DudleyMassachusetts Supreme Judicial Court · 1937
- Schwinn v. PerkinsSupreme Court of New Jersey · 1910
3 more not listed; retrieve them via the Exa API.