Freeman v. Sayre

*38The opinion of the court was delivered by

Magie, J.

This was an action of trespass, commenced in the Circuit. The declaration contained three counts: one for-breaking and entering a close, and removing therefrom pipes, paving-stones, &c.; one for taking and carrying away such pipes, paving-stones, &c.; and one for breaking and entering the close, and, by trespasses thereon, depriving plaintiff of the use of his barn.

The pleas were the general issue and other pleas which set up a right of way over the close and justified the trespasses charged on the ground of a right to remove obstructions…