Church v. Adams
Massachusetts Supreme Judicial Court
Action on the Gen. Sts. c. 137, by a religious corporation, to recover possession of a house and land in Attleborough, alleged to be held by the defendant unlawfully and against the right of the plaintiff. At the trial in. the Superior Court, before Allen, J., on appeal, it appeared that after the appeal was entered, and before the next term of court, the plaintiff entered upon and took possession of the demanded premises.
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Action on the Gen. Sts. c. 137, by a religious corporation, to recover possession of a house and land in Attleborough, alleged to be held by the defendant unlawfully and against the right of the plaintiff. At the trial in. the Superior Court, before Allen, J., on appeal, it appeared that after the appeal was entered, and before the next term of court, the plaintiff entered upon and took possession of the demanded premises. This fact the defendant, immediately and before the next term of court, set up and pleaded in defence and in abatement of the action. The plaintiff demurred to the answer.…
1Opinion of the Court
By the Court.
When this action was commenced the plaintiff had a good cause of action against the defendant. The fact that it has since taken possession of the demanded premises does not abate the action, but it is entitled to judgment for costs and for rent and damages under the recognizance entered into by the defendant. Coburn v. Palmer, 8 Cush. 124. King v. Lawson, 98 Mass. 309. Exceptions overruled.
2Cases cited1 opinion
- King v. LawsonMassachusetts Supreme Judicial Court · 1867
3Cited by4 opinions
- Barrell v. BrittonMassachusetts Supreme Judicial Court · 1927
- Lewis v. JacksonMassachusetts Supreme Judicial Court · 1896
- First Nat. Bank of Kansas City v. KavorinosSupreme Court of Missouri · 1954
- Peters v. FisherMichigan Supreme Court · 1883