Hudson v. Porter
Supreme Court of Connecticut
This was an action of tresspass quare clausum fregit ; tried at Tolland, April terra, 1838, before Waite, J. On the trial, the plaintiff introduced a witness, who testified, that, in Avgust, 1836, the defendant entered upon the plaintiff’s farm described in the declaration, and then in his possession, and reaped about six acres of rye standing thereon ; that the farm had been occupied, by the defendant, from the Spring of 1834 to the Spring of 1836 ; and that the rye reaped…
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This was an action of tresspass quare clausum fregit ; tried at Tolland, April terra, 1838, before Waite, J. On the trial, the plaintiff introduced a witness, who testified, that, in Avgust, 1836, the defendant entered upon the plaintiff’s farm described in the declaration, and then in his possession, and reaped about six acres of rye standing thereon ; that the farm had been occupied, by the defendant, from the Spring of 1834 to the Spring of 1836 ; and that the rye reaped by the defendant was part of eight or nine acres, which were sown by him, in the Autumn of 1835, while he was in…
1Opinion of the CourtWaite, J.
The plaintiff in this case charges the defendant with a trespass in entering upon his farm, and reaping a crop of rye. The grain had been sown, the preceding year, by the defendant, while he occupied the farm under a lease from the plaintiff. He claims the right to enter and gather the crop, in pursuance of the authority to sow it, contained in the lease. This authority is denied by the plaintiff. The words in the lease upon which the defendant relies, are, “ privileged to sow not over ten acres of rye, the crop from which, if threshed on the farm, the straw t© remain for the benefit of the…
2Cited by2 opinions
- Clark v. BanksSupreme Court of Delaware · 1883
- Clark v. BanksSupreme Court of Delaware · 1883