Kennerly v. Wilson
Court of Appeals of Maryland
Upon appeal from Somerset county court, in an action of trespass quare clausum fregit, brought by the appellant against the appellee, for trespass committed in the life time of the appellant’s testator. To the declaration filed in this case, the defendant put in a general demurrer, and judgment was given by Somerset county court for the defendant on the demurrer. Whereupon the plaintiff prosecuted this appeal.
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Upon appeal from Somerset county court, in an action of trespass quare clausum fregit, brought by the appellant against the appellee, for trespass committed in the life time of the appellant’s testator. To the declaration filed in this case, the defendant put in a general demurrer, and judgment was given by Somerset county court for the defendant on the demurrer. Whereupon the plaintiff prosecuted this appeal. The declaration charged that the defendant below entered the close of said Caleb in his life time, cut down timber trees and other wrongs to said Caleb, then and there did, to his great…
1Opinion of the Court
The opinion of the court was expressed by
Mason, J.
This is an action of trespass quare clausum fregit, brought by the appellant, as executrix of Caleb Kennerly, against the appellee, to recover damages for a trespass committed on the *107lands of the plaintiff’s testator in his life time. No question is raised by the pleadings or evidence involving the title or possession of the testator at the time the alleged trespass was committed, and we are therefore to regard the testator’s right to sue at the time of his death, as unimpeached. If the plaintiff can recover in this action at all, she must of…
2Cases cited1 opinion
- Scott v. ThorpNew York Court of Chancery · 1835
3Cited by4 opinions
- Stewart v. United Electric Light & Power Co.Court of Appeals of Maryland · 1906
- Cant v. BartlettCourt of Appeals of Maryland · 1982
- Treusch v. KamkeCourt of Appeals of Maryland · 1885
- Horsey v. Pennsylvania RailroadBaltimore City Court · 1901