Finlay v. Stevens

The writ of entry is peculiar in two respects. First, the remedy seems to be recognized little, if at all, outside Massachusetts, New Hampshire, and Maine. Second, the remedy is essentially possessory and involves directly only the right of possession. Public Service Company v. Voudomas, 84 N. H. 387. By the very allegation of the writ, the defendant is in actual possession, and the immediate issue is whether the plaintiff has the right to possession. Only at times, and incidentally, are issues of title raised. There are cases in which title never comes in question. If A disseize B, and later…