Robeson v. Hutton

This is an action of trespass, by appellant against appellees, for breaking and entering appellant’s close, etc. .

Appellees justify, under the plea, that the land was a public highway, from which appellant had been duly notified to remove his fence and had failed to do so; and that appellees, as commissioners of highways, had peaceably entered upon it and removed the fence for the purpose of opening the highway, as they were legally bound to do, etc.

This case involves a freehold, and this court has no jurisdiction to hear and determine it. The appeal should have been to the Supreme Court.…