History
  • No items yet
midpage
Commonwealth v. Dailey
110 Mass. 503
Mass.
1872
Check Treatment
By the Court.

The husband, being the lessee of the property and liable to his lessor for the rent, had at least the constructive possession of the tenement, even if the occupation thereof by his wife and family did not amount to an actual possession in his behalf. Either was sufficient, under the Gen. Sts. c. 172, § 12,* to support the indictment. Exceptions overruled.

“ In the prosecution of offences in relation to or affecting real or personal estate, it shall he sufficient, and shall not he deemed a variance, if it is proved on the trial that at the time when the offence was committed, either the actual or constructive possession, or the general or special property, in the whole or any part of such real or personal estate, was in the person or community alleged to be the owner thereof.”

Case Details

Case Name: Commonwealth v. Dailey
Court Name: Massachusetts Supreme Judicial Court
Date Published: Nov 15, 1872
Citation: 110 Mass. 503
Court Abbreviation: Mass.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.