Pease v. Gibson
Supreme Judicial Court of Maine
In this case, which was trespass for breaking and entering the plaintiff’s close in Brownfield, and cutting his timber trees, the defendant pleaded the general issue; and a license, given Dec. 7, 1819, by one James Osgood, who was then seised in fee of the close, to one Joseph Howard; and a conveyance Nov. 24, 1824, by Howard, of all his interest therein, to one Jackson Wood; and alleged that Joseph Howard and one Moses Howard, Oct. 11, 1825, being seis-ed in fee of the…
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In this case, which was trespass for breaking and entering the plaintiff’s close in Brownfield, and cutting his timber trees, the defendant pleaded the general issue; and a license, given Dec. 7, 1819, by one James Osgood, who was then seised in fee of the close, to one Joseph Howard; and a conveyance Nov. 24, 1824, by Howard, of all his interest therein, to one Jackson Wood; and alleged that Joseph Howard and one Moses Howard, Oct. 11, 1825, being seis-ed in fee of the premises, conveyed them to the plaintiffs, who, on the same day, gave license to Wood, under whom the defendant justified as…
1Opinion of the Court
Mellen C. J.
delivered the opinion of the Court at the ensuing May term in Lincoln.
In this ease the defendant has pleaded the general issue and also a license. Under the general issue he has not offered any proof of title to the locus in quo, as he might have done by law ; and the trespass alleged having been proved, we need not take any further notice of the first plea. Under the special plea in bar, no proof can avail the defendant but proof of a license. Johnson v. Carter, 16 Mass. 443. The very design of special pleading is to bring the question for trial to a point, and direct the…
2Cases cited1 opinion
- Johnson v. CarterMassachusetts Supreme Judicial Court · 1820
3Cited by8 opinions
- Morgan v. PerkinsSupreme Court of Georgia · 1894
- Adkins v. HuffWest Virginia Supreme Court · 1906
- Macomber v. Detroit, Lansing & Northern RailroadMichigan Supreme Court · 1896
- Indiana & Arkansas Lumber & Manufacturing Co. v. EldridgeSupreme Court of Arkansas · 1909
- Watson v. AdamsIndiana Court of Appeals · 1904
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