Adams v. Barry
Massachusetts Supreme Judicial Court
Action of tort for obstructing a right of way leading to an estate held by the plaintiff’s wife in mortgage, “ to the damage of the plaintiff, as he says, the sum of three hundred dollars; ” which was the only allegation of damages. Trial and verdict for the plaintiff in the superior court of Suffolk at November term 1856, before Abbott, J., to whose rulings the defendant alleged exceptions, the substance of which appears in the opinion.
1Opinion of the CourtMetcalf, J.
At the argument of this case, the plaintiff, by consent of the defendant, exhibited evidence to the court, that the mortgage mentioned in the bill of exceptions had been foreclosed before this suit was commenced. We therefore need not inquire whether this action could have been maintained, if the mortgage had been outstanding. As the facts now appear, the plaintiff and his wife might have maintained the action, although the land described in the declaration was in the possession of tenants. Cushing v. Adams, 18 Pick. 110. It was also said in that case, that the plaintiff might have maintained…
2Cases cited1 opinion
- Gates v. WinslowMassachusetts Supreme Judicial Court · 1804