Hood v. Stewart

The judgment of the court was pronounced by

Rise, J.

This is an action of trespass, in which the plaintiff complains that his enclosures have been torn down and removed from his land by the defendant, from whom he claims remuneration in damages. The defendant admitted .that he had removed the fencing, but averred that, at the time of the removal, -it stood upon land in the possession and forming a part of .-a plantation owned by Robert Stewart, whose agent he was', and by whose order the act was done, and prayed that Robert Stewart might be cited to defend the suit. The right of the ■defendant…