Legal Opinion

Jones v. Carter

Massachusetts Supreme Judicial Court

Decided May 15, 1815PublishedCited by 7 opinions

* This was an action of trespass for the mesne profits [*314] of the lands and tenements described in the writ, during the time therein set forth.

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* This was an action of trespass for the mesne profits [*314] of the lands and tenements described in the writ, during the time therein set forth. The action was tried upon the general issue, October term, 1813, before the present Chief Justice ; when the plaintiff produced in evidence a copy of a judgment rendered in his favor, by this Court, October term, 1810, in an action of entry sur disseizin, wherein he demanded of the present defendant the same land which is described in the declaration in this case ; and it was proved that the plaintiff was put into possession of the premises under…

1Opinion of the CourtParker, C. J.

The plaintiff in this case, having in a former action established his right to possession of the land on the trial in a writ of entry, would be entitled to maintain this action for the mesne profits, but for the act of the legislature, commonly called the limitation and settlement act (1); and we are now to decide, whether under that law he has still a right to this action.

It probably was not the intention of the legislature to leave the tenant exposed to this action, after the terms had been * adjusted by the jury, on which he was entitled to hold, [ * 315] or should be obliged to abandon…

2Cited by7 opinions

  1. Commonwealth v. CookSupreme Court of Pennsylvania · 1822
  2. Powell v. StateCourt of Appeals of Texas · 1884
  3. State ex rel. Ford Motor Co. v. GodfreySupreme Court of Missouri · 1974
  4. Thacher & Fearing v. Jones & AyerSupreme Judicial Court of Maine · 1850
  5. Wall & Howard v. StateMississippi Supreme Court · 1875

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