Richardson v. Palmer
Supreme Court of New Hampshire
Trespass. Writ dated March 27, 1857. The declaration alleged that the defendants, on the 16th day of March, 1855, and on divers days and times between that date and the purchase of the plaintiff's writ, with force and arms, broke and entered the plaintiff’s close, situate in Lisbon, in said county, being that part of the Guy Young farm, in said Lisbon, reserved to himself in his deed of said farm to Joel Streeter, and with engines and cars dug up and subverted the soil of…
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Trespass. Writ dated March 27, 1857. The declaration alleged that the defendants, on the 16th day of March, 1855, and on divers days and times between that date and the purchase of the plaintiff's writ, with force and arms, broke and entered the plaintiff’s close, situate in Lisbon, in said county, being that part of the Guy Young farm, in said Lisbon, reserved to himself in his deed of said farm to Joel Streeter, and with engines and cars dug up and subverted the soil of said close, and occupied'the same for railroad purposes, having no leave or license so to do, &e. Damages claimed, $150.…
1Opinion of the CourtEowler, J.
The gist of the action of trespass quare clausum being an injury done to the plaintiff’s possession of real property, it needs no argument or citation of authorities to show that, in order to maintain it, the plaintiff must either have, or be entitled to have, possession of the property in which the trespass is alleged to have been committed. In the present case, the defendants contend that the plaintiff had neither possession, or any right to the possession of the locus in quo ; having parted not only with the possession, but with all right of property therein, by his conveyance thereof to…
2Cases cited9 opinions
- Adams v. FrothinghamMassachusetts Supreme Judicial Court · 1807
- Worthington v. HylyerMassachusetts Supreme Judicial Court · 1808
- Jackson ex dem. Klock v. HudsonNew York Supreme Court · 1808
- Bryan v. BradleySupreme Court of Connecticut · 1844
- Jackson v. BlodgetNew York Supreme Court · 1819
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Nickson v. GarryNew Mexico Supreme Court · 1947
- Williams v. BabcockSupreme Court of New Hampshire · 1976
- Forest v. JacksonSupreme Court of New Hampshire · 1876
- Reed v. HatchSupreme Court of New Hampshire · 1875
2 more not listed; retrieve them via the Exa API.