Hart v. Johnson
Massachusetts Supreme Judicial Court
This was a review of a real action, commenced by Johnson against Hart, and tried upon the appeal September term, 1806, when Johnson recovered judgment against Hart for his seisin of the demanded premises and costs of suit. On that judgment a pluries writ of possession was duly issued October 10th, 1808, and on the 14th of the same month, seisin was duly delivered by the sheriff.
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This was a review of a real action, commenced by Johnson against Hart, and tried upon the appeal September term, 1806, when Johnson recovered judgment against Hart for his seisin of the demanded premises and costs of suit. On that judgment a pluries writ of possession was duly issued October 10th, 1808, and on the 14th of the same month, seisin was duly delivered by the sheriff. In the trial of the original action, there was no request to have the jury estimate, and by their verdict ascertain, the increased value of the demanded premises, by virtue of the buildings and improvements made…
1Opinion of the Court
By the Court.
One question arising in this case is, whether the plaintiff in review is entitled to the benefit of the provisions of the *396limitation and settlement act; that act having passed since judgment was rendered in the original action for the defendant in review, who was the original demandant. And we are all of opinion that he is not so entitled. That act was never intended to apply to trials by review, in which the merits tried before can alone be tried. Those merits are also to be tried upon the former pleadings. The effect of the statute, if it applied to trials on review, would be…
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