Powers v. Leach
Supreme Court of Vermont
Trespass quare clausum fregit. Pleas, the general issue, and license; and the plea of license was traversed. Trial by jury, September Term, 1849, — Hall, J., presiding. On trial the plaintiffs proved their title to the premises described in the declaration, and gave proof of possession under that title.
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Trespass quare clausum fregit. Pleas, the general issue, and license; and the plea of license was traversed. Trial by jury, September Term, 1849, — Hall, J., presiding. On trial the plaintiffs proved their title to the premises described in the declaration, and gave proof of possession under that title. It appeared, that the defendant bad entered upon a portion of the land and had erected a stone wall, inclosing part of the land, and had cut three apple trees, &c., — which were the trespasses complained of. It also appeared, that the defendant, subsequently to the erecting of the wall, &c.,…
1Opinion of the Court
The opinion of the court was delivered by
Redfield, J.
The only question in this Case is, whether the plaintiffs are entitled to full costs, irrespective of the damages. This is claimed upon the ground, that the “ right of title or possession of the land ” was brought “ in questionand that is the question to be determined. We suppose it may be fairly said, that the right of title, or possession, is “ concerned,” that is, involved, in every case of trespass quare clausum fregit. The action could not properly be denominated trespass upon the freehold, if no realty were “ concerned.” But it is…
2Cited by7 opinions
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- Clary v. McGlynnSupreme Court of Vermont · 1874
- Brainerd v. CaseySupreme Court of Vermont · 1865
- Clough v. HortonSupreme Court of Vermont · 1869
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