White v. Conover

This was an action of trespass quare clausum, fregit. The declaration contains two counts. The first count alleges a continuing trespass in one close describing it by abuttals, and the second, a similar trespass in another close generally; both counts charge the felling of timber, &c.

The defendant pleaded, 1. The general issue; 2¿ Professing to answer the whole declaration, he alleged the existence of a highway “ over and along the said close in which,” &c., and because the trees “ in the declaration mentioned obstructed the highway in the said close,” he felled and removed them, doing as…