¶1The defendant has confessed himself guilty of tbe trespass; after this if tbe court should find that be was proprietor and legal owner of tbe land it would not justify him, for a man may be guilty of a trespass upon land of which be is the' legal owner, where another has tbe right of possession and improvement. The cause was ordered to be erased from tbe docket.
1 Root 410
Durkee v. Varnum
Decided March 15, 1792
Supreme Court of Connecticut · decided 1792-03-15
Action of trespass brought before a justice for throwing down tbe plaintiff’s fence, carrying away bis rails, and eating up bis grass; demanding forty shillings damage. Tbe defendant before tbe justice plead — That true it was be was guilty of doing tbe trespass complained of in tbe plaintiff’s declaration, but bad good right to do it; for that be was tbe proprietor and legal owner of tbe land whereon said trespass was said to have been committed.
Decided 1792-03-15