Fuller v. Carr
Supreme Court of New Jersey
In trespass. On case certified, &c. This was an action of trespass quare clausum fregit, brought and tried in the Circuit Court of the county of Sussex. The principal question was as to the true location of the locus in quo. Much evidence was given on both sides, and the jury gave a verdict for defendants.
Read the full summary
In trespass. On case certified, &c. This was an action of trespass quare clausum fregit, brought and tried in the Circuit Court of the county of Sussex. The principal question was as to the true location of the locus in quo. Much evidence was given on both sides, and the jury gave a verdict for defendants. A motion having been made for a new trial, on the ground that the verdict was against the weight of evidence, and therefore erroneous, the case was certified to this court for its advisory opinion, and was argued by
1Opinion of the Court
The opinion of the court was delivered by
Bedle, J.
The chief question certified for our opinion is, *158whether the verdict is against the evidence ? The action is for cutting trees on land claimed by the plaintiff. The cutting, by the defendants, is not disputed. The right of recovery depends upon the plaintiff’s title to the loans in quo. The land in dispute contains about six acres, and is a part of a tract of eighty-nine three-hundredths acres conveyed by Andrew Bell to Robert Carr and Constant Fuller, by deed dated November 23d, 1804. On the 20th of November, 1805, Fuller executed a deed to…
2Cited by2 opinions
- Chidester v. City of NewarkCourt of Appeals for the Third Circuit · 1947
- United States v. SandlassDistrict Court, D. New Jersey · 1940