Meeks v. Willard

The opinion of the court was delivered by

Garrison, J.

The plaintiff brought an action of trespass against the defendant and declared upon two counts — -first, for entering plaintiff’s close and cutting trees, and second,, for digging up the ground and placing obstructions therein.

"The defendant pleaded the general issue.

*23When the plaintiff rested his ease, a motion for nonsuit was made upon the ground that at the time of the alléged trespass the plaintiff was not in the possession of the locus in quo.

If the plaintiff closed his case without having offered competent proof of his possession of…