Davis v. Nash
Supreme Judicial Court of Maine
Trespass, quare clausum fregit. The plaintiff’s farm was in possession of his tenant at will, who, by direction of the plaintiff, and with the plaintiff’s materials, had erected a fence upon it. The evidence tended to show that the defendant took down a part of the fence.
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Trespass, quare clausum fregit. The plaintiff’s farm was in possession of his tenant at will, who, by direction of the plaintiff, and with the plaintiff’s materials, had erected a fence upon it. The evidence tended to show that the defendant took down a part of the fence. Shepley, C. J. was requested to rule that this action of trespass, quare clausum, for taking down the fence, could not be maintained, if, at the time of the injury, there was a tenant in the rightful possession and occupation of the premises. The request was denied, and the jury were instructed that the taking down of a…
1Opinion of the CourtWells, J.
At the time the trespass was committed, the premises were in the possession of a tenant at will to the plaintiff. The fence, which was taken down, was erected by the direction of the plaintiff, and a portion of the boards was purchased by him. The fence erected by him would become a fixture, and being attached to the freehold was a part of it, as much so as a building upon the land constructed by him, and the taking of it down was an injury to the freehold.
In the case of Starr v. Jackson, 11 Mass. 519, it was decided, that an action of trespass, quare clausum, lies for the owner of land in…
2Cases cited1 opinion
- Starr v. JacksonMassachusetts Supreme Judicial Court · 1814
3Cited by5 opinions
- Anderson v. Thunder Bay River Boom Co.Michigan Supreme Court · 1885
- Williams v. HackerSupreme Court of Colorado · 1891
- Williams v. Goose Lake Valley Irr. Co.Oregon Supreme Court · 1917
- Lawry v. LawrySupreme Judicial Court of Maine · 1896
- Perry v. CarrSupreme Court of New Hampshire · 1860