Mitchell v. Billingsley

This was an action of trespass quare clausum fregit, brought by the defendant against the plaintiffs in error, and was tried by the consent of counsel as upon appropriate *392pleading, there being neither declaration nor pleas. It appears that Harcrow, one of the defendants below, had possession of the locus in quo front the year 1343 to 1S4S, the- same during that time belonging to the United States; that he had improved it by clearing and fencing some twenty acres of the land, planting out an orchard of fruit trees, &c;; that the plaintiff below entered the land and obtained the duplicate…