Smith v. Raymond
Supreme Court of Connecticut
In the Court below, 1"HE plaintiff brought an action of trespass, alleging that the defendant had entered upon his land, and cut down his timber trees thereon standing ; to which title was pleaded, and the cause removed agreeably to the statute.
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In the Court below, 1"HE plaintiff brought an action of trespass, alleging that the defendant had entered upon his land, and cut down his timber trees thereon standing ; to which title was pleaded, and the cause removed agreeably to the statute. (a) in the Superior Court, the lowing pleadings : mse was tried on the fof ■ Plea — “ That long before the date and impetration of “ the plaintiff’s writ, one I.vke Raymond of Stamford, “ in said County, was well seized, and possessed, in his “ own right, in fee, of the land and premises, on which. “ the said trees were standing and growing ; and the…
1Opinion of the Court
By the Court.
The question on the pleadings, as closed, is a question of title. The plea of the defendant is not so formal as it might have been ; but, so far as respects title, is substantially good, and if true, sufficient to save the defendant from the plaintiff ’s demand. The t -¿plication of the plaintiff' is, also, somewhat informal, but substantially good, as it negates and puts in issue every part of the defendant’s pleamaterial or essen*192tial to the decision of the question of title, and Of the plaintiff’s right to recover. By the verdict of the jury nothing more is found, than, “ That…
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