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Browsing: Legal Papers of John Adams, Volume 1


This note contained in document ADMS-05-01-02-0002-0001-0002
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 3014 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.
Cite web page as: Founding Families: Digital Editions of the Papers of the Winthrops and the Adamses, ed.C. James Taylor. Boston: Massachusetts Historical Society, 2014.
http://www.masshist.org/apde2/