Massachusetts Supreme Judicial Court, 1875

Swamscott Machine Co. v. Perry

Swamscott Machine Co. v. Perry
Massachusetts Supreme Judicial Court · Decided November 19, 1875 · Gray
119 Mass. 123; 1875 Mass. LEXIS 87
Swamscott Machine Co. v. Perry

Cases that cite this one

1 later published case cites this decision.

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Opinion of the Court

Gray, C. J.

Upon the facts stated in the bill, the plaintiff has the legal title; John R. Perry, one of the defendants, has the possession, without any title; and his wife, the other defendant, has neither title, nor possession, nor immediate right to take possession. The plaintiff has a full, adequate and complete remedy at law, by writ of entry against John R. Perry, and cannot therefore maintain this bill. Dolby v. Miller, 2 Gray, 135. Clark v. Jones, 5 Allen, 379, Commonwealth v. Smith, 10 Allen, 448. Jones v. Newhall, 115 Mass. 244. Decree affirmed.

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