Burroughs v. Whitwam

The plaintiffs sued defendant in justice’s court in an action of trespass, alleging in their declaration filed in the cause that the defendant broke and entered their close, described as “ All that land flowed by the mill-pond at high-water mark, on west half of northwest quarter of section 20, town 7, north of range 7 east, in township of Burton, in Genesee county.” The main trespass complained of is the act of the defendant in going on the water of this mill*281pond in a boat and catching fish, which he took and carried away, of the value of two dollars; setting forth also that the defendant…