Daisey v. Hudson

Superior Court of Delaware

Daisey v. Hudson

5 Del. 320

Superior Court of Delaware·Decided July 1, 1851·Published

Opinion

Chief Justice Booth charged the jury:—that the action being for a trespass to real property, it could be maintained only by a person in the actual and immediate possession of the premises at the time the trespass was committed. The action is for an injury to the possession; and the form of remedy is not merely arbitrary, but necessarily arising from the nature of the injury.

Verdict for defendant.

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Chief Justice Booth charged the jury:—that the action being for a trespass to real property, it could be maintained only by a person in the actual and immediate possession of the premises at the time the trespass was committed. The action is for an injury to the possession; and the form of remedy is not merely arbitrary, but necessarily arising from the nature of the injury.

Verdict for defendant.

Daisey v. Hudson, 5 Del. 320 (Del. Ct. App. 1851).

Pincite

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