Palmer v. Tuttle
Supreme Court of New Hampshire
Trespass quare clausum. The defendants demurred generally to the plaintiff’s declaration, and the plaintiff joined in the demurrer.
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Trespass quare clausum. The defendants demurred generally to the plaintiff’s declaration, and the plaintiff joined in the demurrer. The declaration was as follows: “In a plea of trespass, for that the defendants, on the third day of April, A. D. 1858, at said Milton, with force and arms broke and entered the plaintiff’s close, situate in Milton, in said county, and bounded easterly partly by land of John Foss and partly by land of James C. Roberts, southerly by land of Stephen Downs, westerly by land now occupied by "William H. Huntress and James F. Place, and northerly by the road leading by…
1Opinion of the Court
Fowler, J.*
The action of trespass quare clausum is brought to recover damages for an injury to the plaintiff’s possession of real estate. The substance of the declaration is, that the defendant has forcibly and wrongly injured real property in the possession of the plaintiff. Though the title or right of property in the locus may, and often does, come in controversy, yet the gist of the action is always the injury done to the plaintiff’s possession, actual *488or constructive. 1 Oh. PI. 188,195, (7th ed.); 2 Gr. Ev., Trespass, sec. 614, and authorities.
It is not necessary for the plaintiff, in…
2Cases cited1 opinion
- Durgin v. LeightonMassachusetts Supreme Judicial Court · 1813
3Cited by1 opinion
- Aetna Casualty & Surety Co. v. DichtlAppellate Court of Illinois · 1980