This is an action of trespass for breaking and entering the plaintiff’s pews, in a Baptist Meetinghouse in Middleborough. It comes before the court, upon exceptions to the charge of the judge, and on a motion for a new trial because the verdict was against evidence. The verdict was for the plaintiff, with nominal damages.
This case hardly raises any question as to the general rights of the holders of pews in meetinghouses, as the meetinghouse in question, and the land on which it stands, are held under an indenture of four parts, very elaborately drawn, the general tenor of which is, that the premises shall be held and improved, for the use of a baptist meetinghouse, for public worship only.
The first question discussed was, whether an action of trespass quare clausum fregit will lie in such case. So long as pews are considered in point of law as real estate, as they are in this Commonwealth, except in the city of Boston, we can perceive no reason, why the actual form of action, given by the common law, to redress a wrong done to the- right of possession of real estate, is not the legal and proper remedy. We are of opinion that the charge, in that particular, was correct. Gay v. Baker, 17 Mass. 435. Rev. Sts. c. 60, § 31.
Whether in legal right, in parishes and religious societies constituted in the usual way, the society has authority, by their committee or otherwise, to lend the use of their meetinghouse, and whether, in such case, the use of the house extends to the use of the pews, to the exclusion of the owners, for such an occasion, is a question which we think is not raised in the present case. It has been the practice in various parts of the Commonwealth, and especially in the city of Boston, for
As a verdict against the weight of the evidence, the court are of opinion, that the motion to set it aside cannot be sustained.
Judgment on the verdict.