9 Johns. 61 | N.Y. Sup. Ct. | 1812
The charge of the recorder was incorrect,' for the facts in this case clearly show that the plaintiffs below were not entitled to an action of trespass. The party must have actual and lawful possession of real property, to enable him to maintain trespass, and the plaintiffs below had not such possession. Their entry was, of itself, an act of trespass. The land owned by the parties respectively, was separated by a crooked fence, and the defendant below showed to one of the plaintiffs the two ends of the fence, as the extreme points of the boundary line between
The judgment below must, therefore, be reversed.
Judgment reversed.