3. In England’s American colonies, the distinctions between the forms of action, although recognized, were not enforced with the rigor that characterized the procedure of the mother country. For example, there are instances of the use of both trespass and case for the specific recovery of chattels and real property, and trover and assumpsit frequently were not distinguished from case. Ejectment, when it was still regarded as a modern improvement in England, was unused in New England because of its technicalities. See Morris, Studies in the History of American Law 46 59 (2d ed. 1959). Since law books were scarce in the colonies, and many of the judges were laymen, these developments were to be expected. The most technical applications of the forms of action in this country came during the first half of the nineteenth century after the bar had grown in influence, and texts such as Blackstone had become available. See, e.g., Adams v. Hemmenway, 1 Mass. 145 (1804); Wilson v. Smith, 10 Wend. 324 (N.Y.1833).