Guernsey v. Wilson
Cases that cite this one
2 later published cases cite this decision.
- Menard v. Courchaine (Mass. 1931)
- Meagher v. Hayes (Mass. 1890)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The defendant" in this case was the former owner of certain land subject to a mortgage. The mortgage was foreclosed with his knowledge. He remained in occupation of the land, and, without any contract or consent on the part of the owner, put up a house and part of a barn upon it. The female
When the buildings were attached to the realty, they became part of it, and the defendant does not bring himself within the rules that authorize a severance, even as against the owners at that time. Sudbury Parish v. Jones, 8 Cush. 184, 190. Oakman v. Dorchester Ins. Co. 98 Mass. 57. Madigan v. McCarthy, 108 Mass. 376, 377. The plaintiff seems to have the additional circumstance in her favor, that she is a purchaser without notice. Gibbs v. Estey, 15 Gray, 587. Madigan v. McCarthy, ubi supra. At all events, she has a perfect title; and no reason is disclosed why equity should not protect her from irreparable damage.
Decree for the plaintiffs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.