Cox v. Callender, 9 Mass. 533 (Mass. 1813).
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Cox v. Callender, 9 Mass. 533 (Mass. 1813). Book View Copy Cite
Anne Cox and Others versus John Callender
Massachusetts Supreme Judicial Court.
Mar 15, 1813.
9 Mass. 533
Amory, , Jackson, for the defendant,, — Brownl. Abr. Trespass, 35, 302. — Hetl. 66.
Cited by 5 opinions  |  Published
By the Court.

To maintain trespass, one must have a right of entry, and perhaps an actual entry is necessary. . When a disseisee enters, having a right of entry, he changes the disseisin into a trespass. But on the facts in the present case, it is very clear the plain tiffs cannot maintain their action, (a)

Plaintiffs nonsuit.

,) [Vide Fletcher vs. Macfarlane, 12 Mass. Rep. 46.— Taylor vs. Townsend, 8 Mass Rep. 415. — Sed vide Emerson vs. Thompson, 2 Pick. 473. —Ed.]