Middleton v. Pritchard
Illinois Supreme Court
This was an action of trespass quare clausum fregk, instituted in the Madison Circuit Court, by Middleton against Pritchard and Hafford, for the recovery of damages which the plaintiff had sustained by the cutting of trees on land which he claimed to be in his possession.
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This was an action of trespass quare clausum fregk, instituted in the Madison Circuit Court, by Middleton against Pritchard and Hafford, for the recovery of damages which the plaintiff had sustained by the cutting of trees on land which he claimed to be in his possession. The cause was heard before the Hon. Sidney Breese and a jury, at the September term, 1841, when the following bills of exceptions were taken, which show the facts in the case: “ Be it remembered, that on the trial of the above entitled case, the plaintiff showed title in one Robert Smith, to the east half of fractional…
1Opinion of the CourtScates, Justice
Trespass for cutting and carrying away timber. The title was admitted to be in the plaintiff to the east half of fractional section thirteen, township five, north of the base line, and range ten west of the third principal meridian. The defendants admitted the cutting and carrying away the timber from an island, or peninsula of land in front of the above premises, and separated from it by a slough; but deny that the locus in quo is included in, and part of, the above fractional half section; and this is the only question for the determination of this Court.
The Court below refused instructions…
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