From Halifax.* Trespass quare dansmn fregit. The Plaintiff exhibited on the trial below, a deed dated in 1812, to himself, including within its boundaries the locus in quo, and shewed that he was in actual possession of a part of the lands, and had been, but for a term of less than seven years $ and the trespass complained of was on the uncultivated part of said land, and on a part of which he had no actual occupation.
Good law ✅— No negative treatment on recordhow we know
Decided 1821-06-05
How this case has been cited
Cited by 4 later decisions — most recently June 1963
4 state decisions
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.
¶1* This cause and the two immediately following it, were decided at June Term, 1821, but from accident were omitted in the report of cases of that term.
The plaintiff, having a deed covering the land where the trespass was committed, and being in possession of part within the boundaries of the deed, was in actual possession of the whole. The deed ascertained the extent of the possession. Whoever is in possession may maintain an action of trespass against a wrongdoer to his possession, because it is a possessory remedy, founded merely on the possession, and it (486) is not necessary that the right should come in question. 3 Burr., 1563; 1 East, 246. The judgment must be
