¶1This under our law of disseisin is a plain case. The demandant showed a good record title. The records also" *278show that the tenant in this action was tenant in common of the land with the demandant. The tenant attempted to show a title by disseisin. The land was a cedar swamp, near to a village, surrounded by cultivated lands. The evidence of disseisin was the cutting by the tenant from time to time of cedar for fences. The cutting was not every year, nor was the cutting brought home to the knowledge of the true owner. Here is no disseisin. Judgment on the verdict.
75 Mass. 276
Ewer v. Lovell
Massachusetts Supreme Judicial Court
Decided October 15, 1857
Massachusetts Supreme Judicial Court · decided 1857-10-15
Writ of entry, dated April 16th 1856, to recover an undivided half of a piece of cedar swamp in Barnstable. Plea, nul disseisin. At the trial, the demandant proved by record a division of the entire swamp, called the Round Swamp, in 1792, part to the heirs of Jacob Lovell in common, and the residue to certain other persons, and the vesting of the title of some of Jacob Lovell’s heirs in the demandant, and of Lovell’s other heirs and said other persons in the tenant.
Decided 1857-10-15