Gates v. Johnston Lumber Co.

172 Mass. 495 | Mass. | 1899

Holmes, J.

It is not alleged that the entry by the defendant for the purpose of removing its own property will do the plaintiff any harm beyond a purely technical trespass, nor that the defendant is not able to pay the plaintiff any damages which she may recover, nor that the plaintiff cannot prevent the trouble by removing the bricks from her land. She has no right to appropriate them because they were not removed within the time allowed at the sale. Decree affirmed.