Darling v. Kelly
Massachusetts Supreme Judicial Court
Tort, for breaking and entering the plaintiff’s close and gathering and carrying away the crops. The answer denied that the close was the plaintiff’s and that the crops were his property, but alleged that one Jesse Darling and one Emery Chilson were tenants in common of the close and of the crops; that one Gurney attached the crops as the property of Jesse Darling; that the defendant acted in aid of the officer making the attachment, and that all that he did was with the…
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Tort, for breaking and entering the plaintiff’s close and gathering and carrying away the crops. The answer denied that the close was the plaintiff’s and that the crops were his property, but alleged that one Jesse Darling and one Emery Chilson were tenants in common of the close and of the crops; that one Gurney attached the crops as the property of Jesse Darling; that the defendant acted in aid of the officer making the attachment, and that all that he did was with the permission of Chilson. Upon the trial in the Superior Court, before Dewey J., it appeared in evidence that Chilson was the…
1Opinion of the CourtEndicott, J.
The case finds that the close, described in the plaintiff’s declaration, was owned by Chilson, who let it to the plaintiff to be farmed at halves, Chilson to manure and plough it, the plaintiff to do all the other labor upon it. An officer with a writ against Jesse Darling entered upon the land while so in the occupation of the plaintiff and attached the crops as the property of Jesse Darling, and dug up and carried away a portion of the same. The defendant aided and assisted the officer in the work of taking and removing the crops. The defendant claimed that the lease of the close was to…
2Cases cited2 opinions
- Lowe v. CommonwealthCourt of Appeals of Kentucky · 1860
- Warner v. AbbeyMassachusetts Supreme Judicial Court · 1873
3Cited by8 opinions
- Colton v. OnderdonkCalifornia Supreme Court · 1886
- Indiana Pipe Line Co. v. ChristensenIndiana Supreme Court · 1919
- Strain v. GardnerWisconsin Supreme Court · 1884
- Orcutt v. MooreMassachusetts Supreme Judicial Court · 1883
- Foley v. Southwestern Land Co.Wisconsin Supreme Court · 1896
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