Chandler v. Walker
Superior Court of New Hampshire
Trespass quare clausum, for cutting and carrying away a quantity of timber from lot No. 6, in the second range of lots in Chatham, in the month of January, 1848. Plea, the general issue.
Read the full summary
Trespass quare clausum, for cutting and carrying away a quantity of timber from lot No. 6, in the second range of lots in Chatham, in the month of January, 1848. Plea, the general issue. The plaintiff offered evidence tending to show that he had been in possession of said lot, and also of lot No. 7, adjoining the 'same on the south, for the last thirteen or fourteen years; his buildings being upon lot No. 7. It'appeared that, upon what the plaintiff claimed to be the northerly line of said lot No. 6, there was an ancient spotted line; that on the easterly side of said lot a clearing was made…
1Opinion of the CourtEastman, J.
The gist of the action of trespass quare clausum is the disturbance of the possession. At common law, it is not properly an action to try titles, and the question of title does *286not necessarily arise. It may, however, and often does, where the real ownership is in dispute, and it becomes material to show in whom the rightful possession is. In South Carolina and Alabama, the action of trespass is expressly given by statute to try and settle titles to real estate. But where the'matter is not regulated by statute, the decision of an action of trespass settles nothing in regard to the title beyond…
2Cases cited14 opinions
- Holmes v. SeelyNew York Supreme Court · 1838
- Penn v. PrestonSupreme Court of Pennsylvania · 1829
- Reed v. ShepleySupreme Court of Vermont · 1834
- Machin v. GeortnerNew York Supreme Court · 1835
- Townsend v. KernsSupreme Court of Pennsylvania · 1834
9 more not listed; retrieve them via the Exa API.