Quillen v. Betts
Superior Court of Delaware
Action of . TRESPASS Quare Clausum Fregit, to recover damages for trespass by defendant upon plaintiff’s land, located in Baltimore Hundred, Sussex County; consisting in the cutting down of certain trees, the tearing away of a fence, the filling up of a ditch on one part, and the Opening of á ditch on another part of said land. For other facts see charge of court. The defendant’s pleas were, “ Not guilty” and ‘‘Statute of limitations.”
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Action of . TRESPASS Quare Clausum Fregit, to recover damages for trespass by defendant upon plaintiff’s land, located in Baltimore Hundred, Sussex County; consisting in the cutting down of certain trees, the tearing away of a fence, the filling up of a ditch on one part, and the Opening of á ditch on another part of said land. For other facts see charge of court. The defendant’s pleas were, “ Not guilty” and ‘‘Statute of limitations.” Under said pleas the defendant sought to introduce evidence tending to show that the title to the said land was in the defendant and not in the plaintiff. This…
1Opinion of the Court
Dore, C. J:—
In Chitty's Pleading, Vol. i, *301 and *303, 'we find the rule laid down as follows :
‘ ‘ In trespass to real property, this plea formerly not only put in issue the fact of the trespass, but also the possessory title or right of the plaintiff; because the declaration, as before shown, states the plaintiff’s title to the close, by the allegation that it was the close of the plaintiff, a matter which is plainly denied by the general issue, not guilty of the said trespasses, &c. It followed that before the recent rules—and we are not under those—any title, whether freehold or possessory, in…
2Cases cited1 opinion
- State v. HooperSuperior Court of Delaware · 1857
3Cited by6 opinions
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- Rhodig v. KeckSupreme Court of Colorado · 1966
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