Plympton v. Baker
Massachusetts Supreme Judicial Court
Baker brought an action on the case against Plympton, wherein he alleged, in his first count, that on the 4th of October, 1826, he was possessed of a certain close, to which he then had and still ought to have a way through, over and across a certain close occupied by Plympton, yet Plympton excluded him unjustly from the use of the way, and on the 5th of the same October erected fences across the same and obstructed Baker’s passage.
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Baker brought an action on the case against Plympton, wherein he alleged, in his first count, that on the 4th of October, 1826, he was possessed of a certain close, to which he then had and still ought to have a way through, over and across a certain close occupied by Plympton, yet Plympton excluded him unjustly from the use of the way, and on the 5th of the same October erected fences across the same and obstructed Baker’s passage. There were two other counts, in one of which Baker claimed a right of way by prescription. The general issue was pleaded. The case was tried in the Court of…
1Opinion of the Court
Shaw C. J.
drew up the opinion of the Court. The single question in this case is, what was intended by the words “ real action ” in the St. 1820, c. 79, § 4. They are to be construed in the sense intended by the legislature.
We think, taken in connexion with other statutes in pari materia, the terms real and personal actions were not used in the sense in which they are used in the common law, and defined by Blackstone.
The broad distinction which runs throughout the statutes, is that between actions in which rights to real estate may be brought in question and tried, and those which affect…
2Cases cited2 opinions
- Crocker v. BlackMassachusetts Supreme Judicial Court · 1820
- Dummer v. FosterMassachusetts Supreme Judicial Court · 1811