Butterfield v. Pearson

Decided November 15, 1813

Massachusetts Supreme Judicial Court · decided 1813-11-15

This was an action of trespass quare clausum, fregit, and was commenced in the Court of Common Pleas for this county on the 26th of August, 1811. It stood continued to the December term following of the then newly-established Circuit Court of Common Pleas, when the plaintiff appealed to the next term of this Court.

Decided 1813-11-15

¶1On the other hand, the plaintiff claimed full costs to be taxed fot *408him, as the party prevailing, (1) insisting that the latei [*411 ] statutes referred to by the defendant were not * intended to apply to actions wherein the title to real estate may be concerned, of which trespass quare clausum is one.

Hoare for the plaintiff.Steams for the defendant.

¶2• The action was continued nisi for advisement, and at the following March term in Suffolk the Court ordered judgment to be entered for the plaintiff, for the damages found by the verdict, and fb • full costs, (a)

¶3ADDITIONAL NOTE,

¶4[See Elder vs. Bemis, 3 Metc. 599. — F. H.]

¶5Stat. 1784, c. 28, § 9.

¶6[Dummer vs. Foster, 7 Mass. Rep. 476. — Ed.]