Legal Opinion

Austin v. Hall

New York Supreme Court

Decided May 15, 1816PublishedCited by 33 opinions

THIS was an action of trespass, quare clausum fregit, against the defendant and one Ely, for entering upon the lands of the plaintifi's, expelling them from thence, and taking the issues and profits. The defendant pleaded not guilty, and liberum tenementum ; and the plaintiffs new assigned the locus in quo on which the trespass was alleged to have been committed.

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THIS was an action of trespass, quare clausum fregit, against the defendant and one Ely, for entering upon the lands of the plaintifi's, expelling them from thence, and taking the issues and profits. The defendant pleaded not guilty, and liberum tenementum ; and the plaintiffs new assigned the locus in quo on which the trespass was alleged to have been committed. To the new assignment, the defendant pleaded, 1. Not guilty ; 2. A release, under seal, from Edward Austin, one of the plaintiffs, in consideration of the sum of six cents, of all actions, and causes of action, and' demands, which…

1Per curiam

The declaration, in this case, is for a trespass on land, and an eviction of the plaintiffs; and for the damages sustained by reason thereof this suit is brought. The action is, strictly, a personal one, and the plaintiffs were bound to join in it. The release, therefore, by two of the plaintiffs, is a bar to the action, and the defendant is entitled to judgment.

Judgment for the defendant.

2Cited by33 opinions

  1. Watson v. Milwaukee & Madison Railway Co.Wisconsin Supreme Court · 1883
  2. May v. SladeTexas Supreme Court · 1859
  3. Hathaway v. Orient InsuranceNew York Court of Appeals · 1892
  4. De Puy v. . StrongNew York Court of Appeals · 1867
  5. People Ex Rel Eagle v. KeyserNew York Court of Appeals · 1863

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