Cox v. Callender

9 Mass. 533 | Mass. | 1813

By the Court.

To 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, ^(a)

Plaintiffs nonsuit.

(a) ,) [Vide Fletcher vs. Macfarlane, 12 Mass. Rep. 46.— Taylor vs. Townsend, 8 Mass Rep. 415. — Sed vide Emerson vs. Thompson, 2 Pick. 473. —Ed.]