¶1The same principle applies in this case, as in actions of trespass. The title to real estate may, and indeed must necessarily *371come into question in actions like this at bar. For the plaintifi must show a right, or at the least a possession, before he can put the defendant upon his defence. Let full costs be taxed for the plaintiff.
16 Mass. 448
Crocker v. Black
Massachusetts Supreme Judicial Court
Decided October 15, 1820
Massachusetts Supreme Judicial Court · decided 1820-10-15
This was an action upon the case for the obstruction of a private way. Damages laid at fifty dollars. At the trial in the Common Pleas, upon the general issue, the plaintiff’s right to use the way was in question. The jury returned a verdict for the plaintiff, and assessed his damages at eleven dollars. The plaintiff moved for the allowance of full costs ; but the Court adjudged him entitled to one fourth part of the damages, as costs.
Cited by 1 later decisions — most recently June 1831
1 state decisions
Cited in Ballentine's (1916)’s definition of “Real action” · Black's (1910)’s definition of “Action”
Good law ✅— No negative treatment on recordhow we know
Decided 1820-10-15
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