Stapleton v. Dee
Massachusetts Supreme Judicial Court
Tort for the maintenance of a fence by the defendant upon the plaintiff’s land. Writ dated January 12, 1880. Trial in the Superior Court, before Staples, J., who allowed a bill of exceptions, in substance as follows: It appeared that, on August 29, 1879, the plaintiff brought an action against the defendant for trespass in entering upon the land described in this writ and building a fence thereon; that the defendant appeared therein by counsel; and that, on December 6, 1879,…
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Tort for the maintenance of a fence by the defendant upon the plaintiff’s land. Writ dated January 12, 1880. Trial in the Superior Court, before Staples, J., who allowed a bill of exceptions, in substance as follows: It appeared that, on August 29, 1879, the plaintiff brought an action against the defendant for trespass in entering upon the land described in this writ and building a fence thereon; that the defendant appeared therein by counsel; and that, on December 6, 1879, judgment was entered therein by agreement of counsel, with the knowledge and acquiescence of the defendant, for the…
1Opinion of the CourtLord, J.
These exceptions must be overruled. There was nothing in the previous action which could estop the defendant from setting up title in defence of the present action. Without determining that there can be no estoppel by reason of the adjudication of the same fact between the same parties, unless such fact was presented for decision, we hold that an action of tort in the nature of trespass does not bind the title as between the parties unless it appears by special plea or particular specification of defence, or in some other mode, that the particular fact which is claimed to be settled was…
2Cases cited3 opinions
- Burlen v. ShannonMassachusetts Supreme Judicial Court · 1868
- Allan v. Vanmeter's DeviseesCourt of Appeals of Kentucky · 1858
- Lea v. LeaMassachusetts Supreme Judicial Court · 1868
3Cited by5 opinions
- Walker v. WalkerSupreme Court of New Hampshire · 1885
- Whittemore v. Selectmen of FalmouthMassachusetts Supreme Judicial Court · 1939
- Elson v. ComstockIllinois Supreme Court · 1894
- Bugbee v. DavisMassachusetts Supreme Judicial Court · 1896
- Stone v. AddyMassachusetts Supreme Judicial Court · 1897