SPICER v. CONOWAY, 2 Del. Cas. 32 (1808)

Wells’ Notebook, 365

Court of Common Pleas of Delaware.
April, 1808.

Trespass quare clausum fregit. Pleas: non culpa, liberum tenementum, and Limitations. New assignment, and same pleas.

Robinson and Bayard for plaintiff. Cooper
and Vandyke for defendant.

The plaintiff claimed to be in possession under a warrant, survey and patent from the State. The defendant relied upon a possession manifested by many years’ continued cutting of the timber.

PER CURIAM. BOOTH, C. J.

When the State sells land, she delivers possession. Damages may be recovered beyond the trees-proved on the laying down of the pretensions. In these cases, more than the value of the property taken should be given, otherwise it would be in any man’s power to force another to part with his property.