¶1It cannot be done. The defendant must pursue and rely upon his plea of title made before the justice, and may not be permitted to resort to any other defense; for if he fails to make out his title set up in his plea, paramount to the possession or other title of the adverse party; judgment shall be rendered against him for treble damages and cost of suit.
1 Root 344
Matson v. Meach
Decided June 15, 1795
Supreme Court of Connecticut · decided 1795-06-15
Action of trespass on land brought before a justice. A plea of title was put in by the defendant, and the capse came by appeal to this court. The defendant moved to alter his plea, to justify as to part and to plead not guilty as to part.
Decided 1795-06-15