Wingate v. Nelson

¶1Difference in opinion of counsel. Defendant pleads non culpa and liberum tenementum. If he cut or carried away the trees, and they were not on his freehold, you will find him guilty. Boundaries when proved are more certain than course and distance. When binding words in a grant or patent, as “by and with” or “down the branch,” it will go by the run, not the cripple of the branch.