Raymond v. Andrews
Massachusetts Supreme Judicial Court
This was an action of trespass for breaking and entering the female plaintiff’s close, situate in Shirley, and cutting, taking, and carrying away certain trees then and there being and growing. The action was commenced on the 29th of September, 1849, and was submitted to the court upon the following statement of facts: — Lucy Fletcher died September 17th, 1817, seized in fee of the real estate in question, and leaving children, of whom the female plaintiff was one.
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This was an action of trespass for breaking and entering the female plaintiff’s close, situate in Shirley, and cutting, taking, and carrying away certain trees then and there being and growing. The action was commenced on the 29th of September, 1849, and was submitted to the court upon the following statement of facts: — Lucy Fletcher died September 17th, 1817, seized in fee of the real estate in question, and leaving children, of whom the female plaintiff was one. Joseph Fletcher, the husband of Lucy and father of her children, survived her, and took a life estate as tenant by the curtesy in…
1Opinion of the CourtShaw, C. J.
This case presents an interesting question, upon the construction of that part of the revised statutes, which has wrought a greater change in the law and practice of the state, then is made in any other part of the code. The chapter referred to, (c. 101,) contains many new provisions in regard to remedies for the recovery of freehold estates in lands, and to the rights and obligations incident thereto. In the fourteenth section it is provided, that in the common writ of entry, which is alone preserved, if the demandant recovers the land, he shall also recover his damages for rents and…
2Cited by2 opinions
- Poole v. GreerSuperior Court of Delaware · 1907
- Wilkerson v. GibbsDistrict Court of Appeal of Florida · 1981