Legal Opinion

Inhabitants of the First Parish v. Dunning

Massachusetts Supreme Judicial Court

Decided May 15, 1811PublishedCited by 20 opinions

This was an action of trespass for breaking and entering the close of the plaintiffs. The parties agreed to submit the cause to the determination of the Court upon certain facts stated. If thereon the Court should be of opinion that the plaintiffs were entitled by law to maintain the action, judgment was to be rendered in their favor for a sum agreed as damage, and for costs; otherwise they were to become nonsuit, and the defendants to have judgment for their costs.

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This was an action of trespass for breaking and entering the close of the plaintiffs. The parties agreed to submit the cause to the determination of the Court upon certain facts stated. If thereon the Court should be of opinion that the plaintiffs were entitled by law to maintain the action, judgment was to be rendered in their favor for a sum agreed as damage, and for costs; otherwise they were to become nonsuit, and the defendants to have judgment for their costs. The facts agreed were, that the Pejejpscut proprietors, so called, being seised in fee of a. large tract of land, including [ *…

1Opinion of the Court

Curia.

When a minister of a town or parish is seised of any lands in right of the town or parish, which is the case of all parsonage lands, or lands granted for the use of the ministry, or of the minister for the time being, the minister, for this purpose, is a sole corporation, and holds the same to himself and his successors. And in case of a vacancy in the office, the town or parish is entitled to the custody of the same, and for that purpose may enter and take the profits, until there be a successor. Every town is considered to be a parish, until a separate parish be formed within it; and…

2Cited by20 opinions

  1. Brown v. PorterMassachusetts Supreme Judicial Court · 1813
  2. Town of Milwaukee v. City of MilwaukeeWisconsin Supreme Court · 1860
  3. Weston v. HuntMassachusetts Supreme Judicial Court · 1807
  4. Inhabitants of Harrison v. Inhabitants of BridgetonMassachusetts Supreme Judicial Court · 1819
  5. Lawrence v. BOARD OF SELECTMEN OF EGREMONTMassachusetts Supreme Judicial Court · 1966

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