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Page:United States Reports, Volume 2.djvu/104

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gsi Cases ruled and adjudged in the t :788. After hearing)Counfelo¤ both tides, and taking time to ad} Vvv vife upon the fu ject, rm; Counr were of opinion, that the foreign attachment ought to be_ qualhed; and, accordingly, made •. - The rule abi`olute.' Alu] Sellions, r 788. ai. ‘ F ` -¤ "• l E Mc Cum? wr/ur P0·r·r·s, at aI.* i HIS was an aélion of Tref afs oi et ami: for cutting the

   3: T plaintiii’s trees; to whichllhe defendant pleaded nan cul.

im 2;.567 wu leave to jullify, &c. The title to the premifes was the B fubjeét of controverfy; and the Chief jultice delivered the fol- 32*f lowing charge to the.]ury. P 6X M•Keau, Cbig" jryiire :—It is eflential to- private julticc and to public peace and order, that the rules of property, as well ah of the other objefis of focicty, fhould be fettlcd and pro- g - Imulged. Wretehed, indeed, is the condition of that people, ¥ where the law is either uncertain, or unknown. ‘ In the prefent caufe, it appears, that, in the year t767, Hugh Mc Curdy, the plaintillQ havin obtained a location for 200 _ acres, delired that a furvey rnigiit be made by the proper ollicer; who, accordingly, furveyed the trait in queftion, amounting to -rg_7 acres. Onthis tract, the plaintiff aélually entered, and enjoyed, for a len th of time, a peaceable poilellion. He alfo improved it, by iirft ereéting a Cabbin , then a Houfe ; and af- ’ terward a Bam ; and by clearing and cultivating 2 acres of mea- dow, 40 acres of arable land, and an Orchard with 40 or go Apple Trees in it. The proof of thefe faéls is certainly futli- cient to maintain an aétion of T refpafs ; for, the plaintiff had , not . * This minute was furnilhed by Mr. Coultlmrsr, one of the plaintiB"s Counlel ; and though I cannot {late at large the argument at the Bar, nor the realbns of the judgmertt, the point appeared to de- · {'erve notice, even in this imperfect iorm. 'l`he authorities cited for the plaintiff vyere z Stn:. 877. 3 Ark. 4og. 3 Vez, 489. Prfb. I.0lZJ'• 256. 268 263. 4. 6. r Lord. Rrgn 56. ` [ Decided at C.arl:’:lr, Mai }%·£us._