Treat v. Peck
Supreme Court of Connecticut
This was an action of trespass quare clausum fregit, alleging, that the defendants, on the 1st of September, 1815, entered upon the land of the plaintiffs, lying in a place then called North-Milford, now called Orange, and between that day and the commencement of the action, cut down and carried away from the premises 400 large trees, 300 cords of wood, &c.
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This was an action of trespass quare clausum fregit, alleging, that the defendants, on the 1st of September, 1815, entered upon the land of the plaintiffs, lying in a place then called North-Milford, now called Orange, and between that day and the commencement of the action, cut down and carried away from the premises 400 large trees, 300 cords of wood, &c. The cause was tried at New-Haven, January term, 1824, before Bristol, J. The plaintiffs are, and during the period in question, have been, idiots, residing in Roxbury, in Litchfield county. In the year 1815, Joseph Smith, of Roxbury, was…
1Opinion of the Court
Hosmer, Ch. J.
The plaintiffs have brought an action of trespass against the defendants, for entering their close, and cutting and carrying away their timber and wood. The defendants have attempted a justification, by virtue of leases given to one of them, by the plaintiffs’ conservator, under which the premises *284were possessed ; by agreement with him to do the acts complained of, in order to pay the plaintiffs’ debts and obtain necessaries for their support ; and by having settled with the conservator, and procured his release. The court instructed the jury, that notwithstanding the leases,…
2Cases cited1 opinion
- Starr v. JacksonMassachusetts Supreme Judicial Court · 1814
3Cited by4 opinions
- Pickett v. RuickoldtSupreme Court of Connecticut · 1917
- State v. WashburnSupreme Court of Connecticut · 1896
- Palmer v. CheseboroSupreme Court of Connecticut · 1886
- Riggs v. ZaleskiSupreme Court of Connecticut · 1876