Maxwell v. McAtee

Chief Justice Mae shall

delivered the opinion of the Court.

This action of trespass quere clausum fregit, -watrbrought by Maxwell vs McAtee, for pulling down the plaintiff’s gate and adjoining fence. The defendant pleaded the general issue, with leave to give special matter in evidence, and on the trial, attempted to justify the pulling down of the gate and fence, under claim of a private passway, or right of way (for five years,) over the-plaintiff’s land, and entering upon it at the place where the gate stood.

■The evidence sufficiently establishes the fact, that there was ¡a.parol agreement…