9 Mass. 533
Massachusetts Supreme Judicial Court
Decided March 15, 1813
Massachusetts Supreme Judicial Court · decided 1813-03-15
<p>Trespass for mesne profits does not lie after a recovery upon a writ of entry, unless the plaintiff had a right of entry.</p>
Good law ✅— No negative treatment on recordhow we know
Decided 1813-03-15
Cited by 4 later decisions — most recently July 1896
3 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1To maintain trespass, one must have a right of entry, and perhaps an actual entry is necessary. . When a disseisee enters, having a right of entry, he changes the disseisin into a trespass. But on the facts in the present case, it is very clear the plain tiffs cannot maintain their action,
¶2 Plaintiffs nonsuit.
¶3,) [Vide Fletcher vs. Macfarlane, 12 Mass. Rep. 46.— Taylor vs. Townsend, 8 Mass Rep. 415. — Sed vide Emerson vs. Thompson, 2 Pick. 473. —Ed.]