McGowan v. Crooks

Judge Marshall

delivered the Opinion of Hie Court.

This writ of error is prosecuted by McGowan and Hardwick, for the reversal of a judgment obtained against them by Crooks, in an action of trespass quart clausum fregit. The trial was had on the plea of liberum tenementum as to McGowan, and as to Hardwick, that he entered &c. under and by permission of McGowan.

The trespass complained of consisted of deadening and cutting down the timber on twenty acres of land, hot enclosed; and which was proved to be included within the patent of Thomas Swearingen, for five hundred acres, dated in December,…