Anderson v. Nesmith
Superior Court of New Hampshire
This was an action of trespass, for breaking and entering the close of the plaintiffs in Windham, and carrying away a bark mill. The cause was tried upon the general issue, — when it appeared in evidence that^one David Campbell, being seized of the locus in quo, on the 12th of April, 1830, conveyed the same to the plaintiffs, and that on the 15th of April, 1831, the defendants entered and removed a hopper belonging to a bark mill on the premises.
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This was an action of trespass, for breaking and entering the close of the plaintiffs in Windham, and carrying away a bark mill. The cause was tried upon the general issue, — when it appeared in evidence that^one David Campbell, being seized of the locus in quo, on the 12th of April, 1830, conveyed the same to the plaintiffs, and that on the 15th of April, 1831, the defendants entered and removed a hopper belonging to a bark mill on the premises. On the part of the defendants, it appeared that the plaintiff, on the 29th of October, 1830, by deed, demised the locus in quo to John Page, for the…
1Opinion of the CourtGreen, J.
It being admitted in this case that the article, for the taking of which this suit is brought, was a part of the realty, and passed as *168such to John Page, the plaintiff’s lessee, the only question for decision is, whether a lessor for years can maintain trespass quare clausum fregit against a stranger, who does an injury to the estate while the lessee is in the actual possession, occupying, under the lease.
It is said by all the authorities, that the gist of the action of trespass quare clausum fregit, is the being disturbed in the possession of the property ; and this of itself would seem to…
2Cases cited3 opinions
- Starr v. JacksonMassachusetts Supreme Judicial Court · 1814
- Campbell v. ArnoldNew York Supreme Court · 1806
- Tobey v. WebsterNew York Supreme Court · 1808
3Cited by4 opinions
- Wallace v. GoodallSuperior Court of New Hampshire · 1846
- Burnham v. PlantSupreme Court of New Hampshire · 1876
- Chandler v. WalkerSuperior Court of New Hampshire · 1850
- Wentworth v. Portsmouth & Dover RailroadSupreme Court of New Hampshire · 1875