Legal Opinion

Wickham v. Freeman

New York Supreme Court

Decided May 15, 1815PublishedCited by 11 opinions

THIS was an action of trespass, quare clausum fregit, See. -in the town of Spafford, for cutting and carrying away hay and corn, &c. and for cutting and destroying apple trees, Sec. The defendant pleaded the general issue.

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THIS was an action of trespass, quare clausum fregit, See. -in the town of Spafford, for cutting and carrying away hay and corn, &c. and for cutting and destroying apple trees, Sec. The defendant pleaded the general issue. At the trial, before Mr. Justice Platt, at the Onondaga circuit, in June, 1814, the plaintiff offered to prove, that in ,1812, he leased the premises, by paroi, to Abel Ammiden, for one year, to the 1st Of April, 1813; that the lessee entered into possession, by virtue of the agreement, as his tenant, and held over until September, 1813; and whilst he so held over, the…

1Per curiam

The motion to set aside the nonsuit must be denied. In the case of Campbell v. Arnold, (1 Johns. Rep. 512.) the court say, the rule appears to have been long and well settled, 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. The plaintiff does not bring himself within the provisions of the act, giving the action of trespass to a remainderman or reversioner, notwithstanding any intervening estate for life or years. (1. N. R. L. 527.) He showed no title whatever, except…

2Cited by11 opinions

  1. Bank of Utica v. MersereauNew York Court of Chancery · 1848
  2. Sinclair v. Jackson ex dem. FieldCourt for the Trial of Impeachments and Correction of Errors · 1826
  3. Brown v. BridgesSupreme Court of Iowa · 1870
  4. Gunsolus v. LormerWisconsin Supreme Court · 1882
  5. Rowland v. RowlandOhio Supreme Court · 1837

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