Melson v. Willoughby
Superior Court of Delaware
Action commenced before a justice of the peace on complaint of Benjamin F. Melson and Sallie R. Melson, his wife, against James A. Willoughby to recover damages for direct and. immediate injuries to real property of the plaintiffs, situate in North West Fork Hundred, Sussex County, by cutting trees standing thereon.
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Action commenced before a justice of the peace on complaint of Benjamin F. Melson and Sallie R. Melson, his wife, against James A. Willoughby to recover damages for direct and. immediate injuries to real property of the plaintiffs, situate in North West Fork Hundred, Sussex County, by cutting trees standing thereon. The defendant appearing did say that the place wherein the .trespass is alleged is his freehold; whereupon the justice certified the record of the action to the Superior Court of the county, in accordance with the statute in that behalf. Rev. Code 1915, § 4065. Trial by jury.…
1Opinion of the Court
Rice, J.,
charging the jury:
This is an action of trespass brought on the complaint of Benjamin F. Melson and wife, Sallie R. Melson, against James A. Willoughby, the defendant. The plaintiffs claimed that the defendant did on the seventh day of February, 1914, willfully *85enter upon and cut trees standing on lands of the plaintiffs in North West Fork Hundred, Sussex County.
The action was commenced before a justice of the peace. The defendant appeared and claimed ownership of the premises whereon the trespass was alleged to have been committed and appealed the case to the Superior Court under…
2Cases cited2 opinions
- Rowland v. DotyMichigan Court of Chancery · 1839
- Truitt v. OslerSuperior Court of Delaware · 1914
3Cited by2 opinions
- Marvel v. Barley Mill Road HomesCourt of Chancery of Delaware · 1954
- Marvel v. Barley Mill Road Homes, Inc.Court of Chancery of Delaware · 1954