Truitt v. Osler
Superior Court of Delaware
Action of Trespass Quare Clausum Fregit (No. 3, April Term, 1913) brought by James J. Truitt against Edwin R. Osier, to recover damages for breaking and entering the close of the plaintiff, situate in Seaford Hundred, and cutting timber trees then standing thereon. Directed verdict for defendant, refused. Verdict returned for plaintiff, and motion for new trial refused.
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Action of Trespass Quare Clausum Fregit (No. 3, April Term, 1913) brought by James J. Truitt against Edwin R. Osier, to recover damages for breaking and entering the close of the plaintiff, situate in Seaford Hundred, and cutting timber trees then standing thereon. Directed verdict for defendant, refused. Verdict returned for plaintiff, and motion for new trial refused. A part of the premises in dispute had formerly been a portion of the bed or bottom of an old- mill pond, now gone down, of which only a small stream ten feet wide remains. Both parties asserted paper title and also laid claim…
1Opinion of the Court
Pennewill, C. J.,
delivering the opinion of the court:
The court are asked to direct the jury to return a verdict for the defendant on the ground that it appears from the undisputed testimony in the case that the plaintiff was not in the actual possession of the strip of land in question at the time the alleged trespass was committed, and on the further ground that the defendant has shown an adverse holding and possession, by himself and those under whom he claims, for more than twenty years.
[1] It is undoubtedly the law of this state, and is laid down by all the cases, that in order to recover…
2Cases cited9 opinions
- Brown v. HartzellSupreme Court of Missouri · 1885
- Wilkinson v. ConnellSupreme Court of Pennsylvania · 1893
- White v. PenuelSuperior Court of Delaware · 1907
- Pennington v. LewisSuperior Court of Delaware · 1903
- State v. HooperSuperior Court of Delaware · 1857
4 more not listed; retrieve them via the Exa API.
3Cited by5 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
- Vider v. ZavislanSupreme Court of Colorado · 1961
- Steller v. DavidSuperior Court of Delaware · 1969
- Melson v. WilloughbySuperior Court of Delaware · 1917