Page v. Olcott
Superior Court of New Hampshire
Trespass quar e clausum fregit. The declaration alleged that the defendant, on the 12th day of August, 1841, and on divers other days and times between that day and the day of the purchase of the plaintiff’s writ, broke and entered the plaintiff’s close, containing about ten acres, bounded on all sides by other parts of the plaintiff’s farm, and as the fence runs, &c., and with certain sheep trod down and consumed the plaintiff’s crops, &c.
Read the full summary
Trespass quar e clausum fregit. The declaration alleged that the defendant, on the 12th day of August, 1841, and on divers other days and times between that day and the day of the purchase of the plaintiff’s writ, broke and entered the plaintiff’s close, containing about ten acres, bounded on all sides by other parts of the plaintiff’s farm, and as the fence runs, &c., and with certain sheep trod down and consumed the plaintiff’s crops, &c. The defendant pleaded the general issue. The plaintiff introduced evidence to show that the sheep of the defendant broke into the close described in the…
1Opinion of the CourtWoods, J.
In the reported opinion of the court in the ■case of Rust vs. Low, 6 Mass. R. 99, Mr. Ch. Jus. Parsons cites a case thus: “ The case of 36 H. 6 is not reported in-the. Year Books, but there is a short statement of it in Fitz. Abr. Bar. 168. It is thus: ‘ Note that it was adjudged by the court, if my beasts go into the close of another, which is adjoining to my close, for the defect of the close of the other, and further go into another close of the other, that I *401shall not be punished because I do not retake them and put them again into my close, until reparation be made of the other close,…
2Cases cited1 opinion
- York v. DavisSuperior Court of New Hampshire · 1840