Louisville & Nashville Railroad v. Hall

This was an action of trespass quare clausum fregit. The complaint contains three counts. The first relies for a recovery upon plaintiff’s possession of the locus in quo; the second, upon title, and the third, upon title and' possession.

The gist of this action is the injury done to the possession ; and of consequence, to support it, the plaintiff must show that, as to the defendants, he had at the time of the alleged injury, rightful possession, actual or constructive. Of course if he has title to the property alleged to have been trespassed upon, he lias constructive possession of it, unless…