Minus v. Stant

Decided July 1, 1834

Superior Court of Delaware · decided 1834-07-01

Trespass quare clausum fregit, “and destroyed grass, corn, &c., and for “carrying away divers goods,” &c. The defts. pleaded not guilty and also justified, to wit: Harvey that he entered by virtue of his office as a constable and sold the goods on a certain judgment and execution at the suit of Stant against Minus, and also a judgment and execution at the suit of Jesse Read; and the deft. Stant justified as a plff. in the execution and a purchaser at the sale.

Decided 1834-07-01

¶1The Chief Justice charged the jury—That if the judgment of the deft. Stant was actually paid; or there was a positive contract for the hire of the boys and that their hire should be in payment of the judgment and was to the amount of the judgment; if the deft after-wards took out an execution which was levied on the plff. ’s goods this would in him be a trespass. 13 Com. Law Rep. 104. And if Stant ordered Harvey to proceed with the sale and sell to the amount of his execution when it had not been in his hands ten days, and he did so sell, Stant is from this command a trespasser as well as the constable.

¶2Verdict for plaintiff.