Massachusetts Supreme Judicial Court October 15, 1871 (Merritt v. Morse)

Ames, J.

In order to maintain his action, it was necessary for the plaintiff to show that he had been evicted by a superior title from the estate described in his deed, or that he had yielded to such superior title, and so had been deprived, in whole or in part, of the title or advantage which that deed purported to convey.