Richmond Iron Works v. Wadhams
Massachusetts Supreme Judicial Court
Tort for breaking and entering the plaintiff’s close in Richmond, and cutting down and carrying away a quantity of wood and timber; and for converting the same to the defendant’s use. Writ dated October 3, 1883. Trial in the Superior Court, before Bacon, J., who ruled that the defendant had shown no defence to the action; directed the jury to return a verdict for the plaintiff; and reported the case for the determination of this court.
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Tort for breaking and entering the plaintiff’s close in Richmond, and cutting down and carrying away a quantity of wood and timber; and for converting the same to the defendant’s use. Writ dated October 3, 1883. Trial in the Superior Court, before Bacon, J., who ruled that the defendant had shown no defence to the action; directed the jury to return a verdict for the plaintiff; and reported the case for the determination of this court. If the ruling was correct, judgment was to be entered on the verdict; otherwise, a new trial to be had. The facts appear in the opinion.
1Opinion of the CourtField, J.
It seems to. have been conceded at the trial, that the plaintiff had a sufficient title to, or possession of, the lot in question to enable it to maintain its action, unless the defendant had acquired title by adverse possession. It is found that the plaintiff acquired a good title by deed to eight acres and twenty-*570eight rods, and if it did not, by the same deed, acquire title to the remaining five acres and seventy rods, it, in 1852, took possession of all the land under a deed purporting to convey the whole land, and exercised acts of ownership by cutting off all the wood and timber.
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2Cases cited2 opinions
- Greer v. PowellCourt of Appeals of Kentucky · 1860
- Morris v. CallananMassachusetts Supreme Judicial Court · 1870
3Cited by8 opinions
- Tinker v. BesselMassachusetts Supreme Judicial Court · 1912
- Dow v. DowMassachusetts Supreme Judicial Court · 1923
- Fruit v. METROPOLITAN SCHOOL DISTRICT, ETC.Indiana Supreme Court · 1961
- Webber v. Barker Lumber Co.Supreme Judicial Court of Maine · 1922
- Senn v. Western Massachusetts Electric Co.Massachusetts Appeals Court · 1984
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