. In JA
's hand. Pleadings Book, p. 6. Printed with slight variations in Perham, American Precedents
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.