Lienow v. Ritchie

Massachusetts Supreme Judicial Court

Lienow v. Ritchie

25 Mass. 235

CourtMassachusetts Supreme Judicial Court

DecidedJune 27, 1829

StatusPublished

This text of 25 Mass. 235 (Lienow v. Ritchie) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Lienow v. Ritchie, 25 Mass. 235 (Mass. 1829).

Pincite

Opinion

Per Curiam.

The facts found show a proper ground for an action on the case. The plaintiff, not being in actual possession, nor having the right to possession against his lessee, could not maintain trespass. Case is the proper remedy for the landlord, when an injury is done to the inheritance.¹

The case of Starr v. Jackson affirms this doctrine, and only decides that trespass may be maintained by the landlord when the lessee is only tenant at will, not that case, even under those circumstances, would not lie.²

Judgment according to verdict '.

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Per Curiam.

The facts found show a proper ground for an action on the case. The plaintiff, not being in actual possession, nor having the right to possession against his lessee, could not maintain trespass. Case is the proper remedy for the landlord, when an injury is done to the inheritance.¹

The case of Starr v. Jackson affirms this doctrine, and only decides that trespass may be maintained by the landlord when the lessee is only tenant at will, not that case, even under those circumstances, would not lie.²

Judgment according to verdict '.

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Bluebook (online)

25 Mass. 235, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lienow-v-ritchie-mass-1829.