Hodgkins v. Price
Massachusetts Supreme Judicial Court
Ejectment. Writ dated February 9, 1880. The declaration was as follows: “ And the plaintiff says that one Eben FT. Price, by his lease in writing under seal, duly made, executed, and recorded in the registry of deeds for the southern district of said county of Essex, did heretofore, to wit, on the ninth day of April, in the year eighteen hundred and sixty-seven, demise unto one Julian A. Fogg the following-described premises, to wit, a certain parcel of real estate, situated…
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Ejectment. Writ dated February 9, 1880. The declaration was as follows: “ And the plaintiff says that one Eben FT. Price, by his lease in writing under seal, duly made, executed, and recorded in the registry of deeds for the southern district of said county of Essex, did heretofore, to wit, on the ninth day of April, in the year eighteen hundred and sixty-seven, demise unto one Julian A. Fogg the following-described premises, to wit, a certain parcel of real estate, situated in Salem, in the county of Essex aforesaid, and bounded and described as follows, to wit, the land and buildings…
1Opinion of the CourtMorton, C. J.
This is an action of ejectment of a term. In the revision of the statutes, in 1836, great changes were made in real and mixed actions. Writs of right and of formedon were abolished, and writs of entry were greatly modified, but no change was made in the common law writ of ejectment. Rev. Sts. c. 101, § 51. It is rarely used, but it has never been abolished in this State. Fay v. Taft, 12 Cush. 448. Merrill v. Bullock, 105 Mass. 486.
Before proceeding to the substantial merits of the case, we consider some objections in formal matters, urged by the defendants in the argument in this court. They…
2Cases cited5 opinions
- Merrill v. BullockMassachusetts Supreme Judicial Court · 1870
- Walker v. SharpeMassachusetts Supreme Judicial Court · 1869
- Sargent v. PrayMassachusetts Supreme Judicial Court · 1875
- Wood v. BogleMassachusetts Supreme Judicial Court · 1874
- Minot v. JoyMassachusetts Supreme Judicial Court · 1875
3Cited by24 opinions
- In re Sherwoods, Inc.Court of Appeals for the Second Circuit · 1913
- Starkie v. RichmondMassachusetts Supreme Judicial Court · 1892
- Woods v. Postal Telegraph-Cable Co.Supreme Court of Alabama · 1920
- Margosian v. MarkarianMassachusetts Supreme Judicial Court · 1934
- Smith v. LincolnMassachusetts Supreme Judicial Court · 1908
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