Guernsey v. Wilson
Massachusetts Supreme Judicial Court
Bill in equity, filed March 28, 1881, by Anna D. Guernsey and her husband, for an injunction to restrain the defendant from removing certain buildings from a parcel of land in Winchester. Hearing before Field, J., who reported for the consideration of the full court the following case: The land described in the bill was the property of the first-named plaintiff, who acquired the same from the receivers of the Mercantile Institution for Savings.
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Bill in equity, filed March 28, 1881, by Anna D. Guernsey and her husband, for an injunction to restrain the defendant from removing certain buildings from a parcel of land in Winchester. Hearing before Field, J., who reported for the consideration of the full court the following case: The land described in the bill was the property of the first-named plaintiff, who acquired the same from the receivers of the Mercantile Institution for Savings. The defendant, who previously owned the land, mortgaged it to one Judkins, who assigned the mortgage to the Mercantile Institution for Savings. The…
1Opinion of the CourtHolmes, J.
The defendant" in this case was the former owner of certain land subject to a mortgage. The mortgage was foreclosed with his knowledge. He remained in occupation of the land, and, without any contract or consent on the part of the owner, put up a house and part of a barn upon it. The female *484plaintiff then bought the land, and now seeks to enjoin the defendant from removing the structures.
When the buildings were attached to the realty, they became part of it, and the defendant does not bring himself within the rules that authorize a severance, even as against the owners at that time. Sudbury…
2Cases cited2 opinions
- Madigan v. McCarthyMassachusetts Supreme Judicial Court · 1871
- Oakman v. Dorchester Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1867
3Cited by3 opinions
- Meagher v. HayesMassachusetts Supreme Judicial Court · 1890
- Barnes v. HosmerMassachusetts Supreme Judicial Court · 1907
- Menard v. CourchaineMassachusetts Supreme Judicial Court · 1931