Reports of Cases Argued and Determined in the Supreme Judicial Court of the Commonwealth of Massachusetts (Volume 5; V. 87 ) (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1863 Excerpt: ... Chase & another v. Allen. a parish. When the members of the Baptist society withdrew from the Chebacco parish, they voluntarily abandoned all the privileges, rights and advantages, spiritual and temporal, which had previously belonged to them as inhabitants of that parish. It was right that this should be so, as they left the residue of the parish to sustain, without their aid, all its burdens and obligations. The parish preserved its corporate identity, bound to oerform its contracts and to discharge its parochial duties. That legal identity still continues, and no law which is known to this court can take from it its property. Judgment for the tenant. Lucius C. Chase & another vs. Ira H. Allen. An answer, in an action of replevin, which avers that the defendant was and is the owner of the property replevied, and denies the plaintiff's right to maintain the action, puts in issue the plaintiff's title to the property. Replevin. The defendant in his answer averred "that at the time of the supposed taking and detention of the property mentioned in said writ, he the said defendant was the owner of said property and is now the lawful owner of the same, and he denies the right of the plaintiffs to maintain this action." At the trial in the superior court, before Brigham, J., the plaintiffs offered no evidence, but contended, and the judge ruled, that in the absence of evidence they were entitled to a verdict. The defendant called a witness who testified that at the time of the service of the writ the property was in the defendant's possession; and be contended that this was a good title, and proposed to submit the case to the jury. But the judge ruled that there was nothing for the jury, and directed a verdict for the plaintiffs, which was accordingly rendered. ...