Heirn v. Carron
Mississippi Supreme Court
In error from the circuit court of Harrison county; Hon. Thomas A. Willis, judge. Nicholas Carrón sued Finley B. Heirn to the September term, 1845, of the court, in trespass quare clausum, fregit, and cut down and destroyed trees, &c. to the damage of plaintiff of three thousand dollars.
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In error from the circuit court of Harrison county; Hon. Thomas A. Willis, judge. Nicholas Carrón sued Finley B. Heirn to the September term, 1845, of the court, in trespass quare clausum, fregit, and cut down and destroyed trees, &c. to the damage of plaintiff of three thousand dollars. The defendant plead, 1. Not guilty; 2. (In substance) that the trespasses were committed without Finley’s knowledge, and as soon as he became aware of them, he at once ceased; and after the trespasses, and before the suit, and since, he offered and tendered Carrón the full amount, by estimate, of the trees,…
1Opinion of the CourtJustice Thacher
In an action of trespass quare clausum fregit, the defendant in the circuit court, pleaded puis darrein continuance, a plea of accord and satisfaction. A special demurrer was sustained to this plea.
Several of the specified causes of demurrer to the plea are not well taken, because the plea is not filed under the statute, H. & H. 572, sec. 105, whereby a defendant may disclaim to make claim or title to the land the subject pf the trespass, and tender amends for the trespass before action instituted.
It is a plea of accord, and a tender of the amount of the accord, together with costs accrued up…
2Cases cited3 opinions
- President of the Bank of Columbia v. HagnerSupreme Court of the United States · 1828
- Russell v. LytleNew York Supreme Court · 1831
- Watkinson v. Inglesby & StokesNew York Supreme Court · 1810
3Cited by1 opinion
- Pettis v. RaySupreme Court of Rhode Island · 1879