Delavigne v. Williamson

These suits which have been consolidated as involving the same issue, are in the nature of possessory actions, accompanied by claims for damages for trespass.

Notwithstanding the verdicts .of two juries in favor of plaintiffs, we find the testimony in support of -the plaintiffs’ claims, assuming it to be true, wholly insufficient to support a possessory action. The acts of possession relied upon by the plaintiffs, cannot'be considered as amounting to .such .a corporeal detention .of ¡the property claimed, as might serve as a basis of a subsequent civil possession. The digging.of ditches for…