Linard v. Crossland
Texas Supreme Court
Appeal irom Cherokee. The appellee brought suit against tho appellants for a wilful trespass upon the enclosure and premises in the plaintiff’s possession.
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Appeal irom Cherokee. The appellee brought suit against tho appellants for a wilful trespass upon the enclosure and premises in the plaintiff’s possession. The defendants pleaded not guilty and a general denial; and further justified averring that at the time of the alleged trespass the right of property and possession of the premises was in the defendant Alfred ¿1. Linard; that he entered thereon as he lawfully might do, and that tho other defendants did the acts complained of by his request and command; and that in so doing they infringed no right of property or possession of the plaintiff.…
1Opinion of the CourtWheeler, J.
The trespass was committed in 1848, and the plaintiff proved a prior possession, commencing as early as 1845. “Proof of an actual, exclusive possession by the plaintiff, (says Professor G-reenleaf,) even though it be by “wrong, is sufficient to support this action (trespass upon property) against a “mere stranger or wrongdoer who has neither title to the possession'himself “nor authority from the legal owner.” “The finder of goods and the prior “occupant of land or its produce lias a sufficient possession to maintain this “action against any person hut the true owner.” (2 Greenl. Ev., sec.…
2Cited by16 opinions
- Watkins v. SmithTexas Supreme Court · 1898
- Reiter v. Coastal States Gas Producing Co.Texas Supreme Court · 1964
- Hoskins v. CaubleCourt of Appeals of Texas · 1917
- Pacific Express Co. v. DunnTexas Supreme Court · 1891
- First National Bank of Colorado v. BrownTexas Supreme Court · 1892
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