Sprague National Bank v. Erie Railroad

The opinion of the court was delivered by

Dixon, J.

In an action of trespass the plaintiff declared that the defendant with force and arms broke and entered a certain close of the plaintiff, and with force and arms broke and entered certain buildings of the plaintiff, erected on said close, and ejected, expelled, put out and amoved the plaintiff *475and its servants from the possession, use, occupation and enjoyment of the said close and buildings.

To this declaration the defendant pleaded, first, the general issue; secondly, liberum, tenementum in the defendant; and thirdly, liberum tenementum in…