13. In JA's hand. Pleadings Book, p. 6. Printed with slight variations in Perham, American Precedents
301–302. JA was Whiting's counsel. For his minutes and the proceedings in the case, see No. 17
. The declaration, dated 5 Dec. 1770, was probably drawn by Josiah Quincy Jr., who represented Abiel Hill. Min. Bk., Inf. Ct.
Suffolk, Jan. 1771, No. 160. Although labeled “Ejectment,” the action is actually one in the nature of a writ of entry, one of the ancient real actions. See note
below; No. 17, text
at notes 3–7. Asahel Stearns, citing its appearance in American Precedents
362 (Brookfield, Mass., 3d edn., 1821), called this declaration a unique form developed in Massachusetts in lieu of the English action of ejectment, which supposedly was not used in the Province. Asahel Stearns, A Summary of the Law and Practice of Real Actions
178–179, 396–398 note (Boston, 1824). Ejectment was used on occasion, however. See No. 17, note 5
; Laughton v. Pitts, Form XXVI.