Lyman v. Hale
Supreme Court of Connecticut
This was an action of trespass quare clausum fregit, alleging, that the defendant, on the 19th of October, 1835, entered upon the plaintiff’s land, described in the declaration, and gathered, carried away and converted to his own use a great number, viz. twenty bushels, of_ the plaintiff’s pears, growing and being upon a certain pear-tree of the plaintiff standing upon the land described.
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This was an action of trespass quare clausum fregit, alleging, that the defendant, on the 19th of October, 1835, entered upon the plaintiff’s land, described in the declaration, and gathered, carried away and converted to his own use a great number, viz. twenty bushels, of_ the plaintiff’s pears, growing and being upon a certain pear-tree of the plaintiff standing upon the land described. On the trial before the county court, November term, 1835, it was proved and admitted, that at the time of the alleged trespass, the plaintiff owned and possessed the locus in quo ; that the defendant, at…
1Opinion of the CourtBissell, J.
This writ of error is reserved for our advice ; and the principal question raised and discussed, is, whether, upon the facts disclosed on the record, the plaintiff and defendant are join towners, or tenants in common, of the tree in controver. sy.
It is admitted, that the tree stands upon the plaintiff’s land, and about four feet from the line, dividing his land from that of the defendant. It is further admitted, that a part of the branches overhang, and that a portion of the roots extend into, the defendant’s land. If then he be a joint owner of the tree with the plaintiff, he is so, in…
2Cases cited1 opinion
- Beardslee v. FrenchSupreme Court of Connecticut · 1828
3Cited by10 opinions
- Robinson v. ClappSupreme Court of Connecticut · 1895
- Gostina v. RylandWashington Supreme Court · 1921
- Dubois v. . BeaverNew York Court of Appeals · 1862
- Weisel v. HobbsNebraska Supreme Court · 1940
- Harndon v. StultzSupreme Court of Iowa · 1904
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