Millar v. Humphries

The Chief Justice

delivered the opinion of the court.

This was an action of trespass quare clausum fregit — The declaration alledges that the plaintiff was actually possessed of a tract of land in the circuit, &c. and that the defendants, with force and arms, entered upon the said tract, and then and there, cut down a 1000 trees, and took and carried away 1000 pannel of rails, &c.

The defendants demurred to the declaration, and plead not guilty, with leave to give any matter in evidence which might have been pleaded.

The circuit court overruled the demurer, and on the trial *447of the issue it…