White v. Chase
Massachusetts Supreme Judicial Court
Writ oe entry to recover a parcel of land in Dartmouth. Plea, nul disseisin, with a disclaimer as to a part of the demanded premises; and a specification that the title to the rest of the premises was put in issue and tried in a former action between the same parties. At the trial in the Superior Court, before Pitman, J., the jury returned a verdict for the tenant; and the demandant alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtMorton, J.
The admissibility of the record of the former judgment between these same parties depends upon the question whether the issue upon which the present case turns was in fact litigated and decided in the former suit. It is true that an action of tort in the nature of trespass quare clausum, fregit does not necessarily involve anything more than the right of possession, that the title or seisin may not be in issue, and that the judgment in such action is conclusive only upon the matter adjudged, which is the right of possession. Johnson v. Morse, 11 Allen, 540. Morse v. Marshall, 97 Mass. 519.…
2Cases cited3 opinions
- Burlen v. ShannonMassachusetts Supreme Judicial Court · 1868
- Morse v. MarshallMassachusetts Supreme Judicial Court · 1867
- Evans v. ClappMassachusetts Supreme Judicial Court · 1877
3Cited by11 opinions
- Daggett v. DaggettMassachusetts Supreme Judicial Court · 1887
- Waterhouse v. LevineMassachusetts Supreme Judicial Court · 1903
- Dickinson v. MankinWest Virginia Supreme Court · 1906
- Elson v. ComstockIllinois Supreme Court · 1894
- Guggenheim v. KirchhoferCourt of Appeals for the Second Circuit · 1895
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