Misner v. Lighthall

This was an action of trespass, brought by Lighthall against Misner. The declaration alleged, that the defendant’s hogs entered the plaintiff’s close, and destroyed the corn growing therein. The second plea alleged in substance, that the plaintiff’s close was situated adjoining a large tract of unimproved land, which was not surrounded by a fence, or in the actual possession of any person, but was lying open and common to the stock of all persons residing in the neighborhood; that the defendant resided in the neighborhood of the plaintiff’s close, and suffered his hogs to run at large upon…