Fisher v. Husband

Delaware Court of Common Pleas

Fisher v. Husband

1 Del. Cas. 219

DecidedApril 15, 1799

StatusPublished

This text of 1 Del. Cas. 219 (Fisher v. Husband) is published on Counsel Stack Legal Research, covering Delaware Court of Common Pleas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fisher v. Husband, 1 Del. Cas. 219 (Del. Super. Ct. 1799).

Pincite

Opinion

Defendant urged that there was a tenancy in common of the fence, and by 1 Esp.NJP. 411 trespass will not lie. Plaintiffs relied on 4 Com.Dig. 75, [title] “Estates,” sections K and J, trespass will lie for removing boundaries.

Note. Though plaintiff prevailed, the point was not well examined, vide Co.Litt. 200 a, b. Trespass will lie for actual ouster, but not reception of profits. Trespass will lie for the destruction of the thing, but not for taking what may be retaken, etc.

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Defendant urged that there was a tenancy in common of the fence, and by 1 Esp.NJP. 411 trespass will not lie. Plaintiffs relied on 4 Com.Dig. 75, [title] “Estates,” sections K and J, trespass will lie for removing boundaries.

Note. Though plaintiff prevailed, the point was not well examined, vide Co.Litt. 200 a, b. Trespass will lie for actual ouster, but not reception of profits. Trespass will lie for the destruction of the thing, but not for taking what may be retaken, etc.

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Bluebook (online)

1 Del. Cas. 219, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fisher-v-husband-delctcompl-1799.