Massachusetts § 5 Manner of prosecuting action

Massachusetts Statutes

§ 5 — Manner of prosecuting action

Massachusetts § 5

Part IIICOURTS, JUDICIAL OFFICERS AND PROCEEDINGS IN CIVIL CASES

Title IIIREMEDIES RELATING TO REAL PROPERTY

Ch. 237WRITS OF ENTRY

This text of Massachusetts § 5 (Manner of prosecuting action) is published on Counsel Stack Legal Research, covering Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mass. Gen. Laws ch. 237, § 5 (2026).

Text

Section 5. Such action shall be prosecuted in the same manner as if the plaintiff, at the time of commencing the action, had made an actual entry on the land demanded and had been immediately ousted by the defendant. In a trial upon the general issue, if the plaintiff proves that he is entitled to the estate set forth in the complaint and that he had a right of entry on the day when the action was commenced, he shall recover the land unless the defendant proves a better title in himself.

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Section 5. Such action shall be prosecuted in the same manner as if the plaintiff, at the time of commencing the action, had made an actual entry on the land demanded and had been immediately ousted by the defendant. In a trial upon the general issue, if the plaintiff proves that he is entitled to the estate set forth in the complaint and that he had a right of entry on the day when the action was commenced, he shall recover the land unless the defendant proves a better title in himself.

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Massachusetts § 5, Counsel Stack Legal Research, https://law.counselstack.com/statute/ma/237/5.