Totten v. Dreier

The opinion of the court was delivered by

Voorhees, J.

These are demurrers to the second, third and fourth pleas. The action is trespass. The declaration contains three counts: The first is quare clausum fregii, alleging an entry into premises held by plaintiff under a lease “with force and arms and with strong hand.” The second count is trespass de bonis asportis; and the third is assault upon the plaintiff. The second plea is to the first count and *451is liberum tenemenium. The ground of demurrer to it is that the allegation of ownership in the defendant is no answer to a claim for damages for…