Campbell v. Arnold
New York Supreme Court
THIS was an action of trespass, quare clausum fregit. 1 1 . J ° The cause was tried at the Washington circuit, the 11th Jutte, 1806. On the trial the plaintiff proved that, in the year 1776 he was in the actual possession of the premises on • . which the trespass was committed; that the defendant entered on the land in question, and cut down, took and carried away, thirteen pine trees j that at the time of the trespass, one Archibald was in possession of the land, as a…
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THIS was an action of trespass, quare clausum fregit. 1 1 . J ° The cause was tried at the Washington circuit, the 11th Jutte, 1806. On the trial the plaintiff proved that, in the year 1776 he was in the actual possession of the premises on • . which the trespass was committed; that the defendant entered on the land in question, and cut down, took and carried away, thirteen pine trees j that at the time of the trespass, one Archibald was in possession of the land, as a tenant under the plaintiff, to whose agent he paid rent. The counsel for the defendant moved for a nonsuit, on the ground,…
1Per curiam
The rule appears to have been long and ‘ well established, that there must be a possession in fact, of the real property to which the injury was done, in order to entitle a party to maintain an action of trespass quare clausum fregit. ■ A general property, in the case of real estate, is not, as in the case of personal, sufficient to support this action. Admitting the fee of the land to be in the plaintiff, his remedy for an injury to the freehold must be either against his-tenant, or against the defendant, in a different form of action." (3 Woodeson, 193-4. 3 Lev. 209. 6 Bac. ab. 566. new ed.…
2Cited by13 opinions
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- Halligan v. Chicago & Rock Island RailroadIllinois Supreme Court · 1854
- Anderson v. NesmithSuperior Court of New Hampshire · 1834
- Clark v. SmithSupreme Court of Pennsylvania · 1855
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