Walton v. Clarke

OPINION of the Court, by

Ch. J. Boyie.

This was an action of trespass quare clausum fregit. On the trial the court below instructed the jury that to enable the plaintiff to maintain the action, it was necessary for him to shew an actual possession of the premises upon, which the trespass Was committed ; and the only question presented by the assignment of error, is, whether this instruction was correct or not ?

Trespass is in its essence anjnjury done to the possession. A general property in a chattel, as it draws to it *219tlie possession, is sufficient in general to maintain an action for a…