Dearborn v. Wellman

130 Mass. 238, 1881 Mass. LEXIS 57

Opinion

By the Court.

The plaintiff does not appear by the bill of exceptions to have asserted or proved at the trial any injury to the reversion of the premises, but to have relied only upon her possession at the time of the trespass sued for; and the presiding judge, having found as matter of fact that she was not in possession, rightly ruled as matter of law that she could not maintain her action.

Exceptions overruled.