Jewett v. Steer
Massachusetts Supreme Judicial Court
This was an action of trespass for breaking and entering the plaintiffs’ close situated in Dudley, in the county of Worcester, and cutting down and carrying away therefrom hay and oats, between the first of.April, 1848, and the thirteenth of March, 1849. At the trial, before Mellen, J., in the court of common pleas, the plaintiffs’ title to the close in question, under a deed from Isaac Davis, assignee of the estate of Henry S. Wheaton, an insolvent debtor, bearing date…
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This was an action of trespass for breaking and entering the plaintiffs’ close situated in Dudley, in the county of Worcester, and cutting down and carrying away therefrom hay and oats, between the first of.April, 1848, and the thirteenth of March, 1849. At the trial, before Mellen, J., in the court of common pleas, the plaintiffs’ title to the close in question, under a deed from Isaac Davis, assignee of the estate of Henry S. Wheaton, an insolvent debtor, bearing date November 25th, 1846, was admitted. The defendant pleaded the general issue, and justified the alleged trespass, by virtue of…
1Opinion of the CourtFletcher, J.
The decision of this case depends on the construction of the lease from Wheaton to Kelsey. The question is, whether or not that part of the Williams lot which constitutes the close in question is included in the lease.
The terms of the lease are as follows, to wit: “ The said Wheaton doth lease, demise, and to farm let unto the said Kelsey all that farm and outlands situated in said Dudley, now occupied by said Wheaton.” If the lease stopped here there would be no question. The terms are, “ all that farm and outlands now occupied by said Wheaton.” These terms undoubtedly include the whole of…
2Cited by4 opinions
- Shipley v. Fifty AssociatesMassachusetts Supreme Judicial Court · 1870
- Fitzpatrick v. WelchMassachusetts Supreme Judicial Court · 1899
- Huber v. StarkWisconsin Supreme Court · 1905
- DeStefano v. Meglio, Pennsylvania Court of Common Pleas, Philadelphia County1948