13 Johns. 286
Decided May 15, 1816
New York Supreme Court · decided 1816-05-15
THIS was an action of trespass, quare clausum fregit, against the defendant and one Ely, for entering upon the lands of the plaintifi's, expelling them from thence, and taking the issues and profits. The defendant pleaded not guilty, and liberum tenementum ; and the plaintiffs new assigned the locus in quo on which the trespass was alleged to have been committed. To the new assignment, the defendant pleaded, 1. Not guilty ; 2.
Good law ✅— No negative treatment on recordhow we know
Decided 1816-05-15
Cited by 20 later decisions — most recently November 1942
18 state decisions — followed in 12 states
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
View the full empirical analysis of this case →
¶1The declaration, in this case, is for a trespass on land, and an eviction of the plaintiffs; and for the damages sustained by reason thereof this suit is brought. The action is, strictly, a personal one, and the plaintiffs were bound to join in it. The release, therefore, by two of the plaintiffs, is a bar to the action, and the defendant is entitled to judgment.
¶2Judgment for the defendant.