The Law of Remedies for Torts, Including Replevin, Real Action, Pleading, Evidence, Damages
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308 PLEADING. [BOOK III.
claims, which is prior in date to the title relied on by the plain- tiff. 1 § 23. Under an answer in trespass qu. claus., justifying under A, as owner, the defendant may show an estate in common in A. a § 24. In trespass for taking away goods, under a plea of prop- erty in a third person, evidence of such ownership at the time of the taking is admissible. 3 § 25. Where one alleges a particular title in excuse or justifica- tion for an act which would otherwise be a tres...pass, he is bound to prove the title precisely as he has alleged it. 4 Thus where, in an action for trespass on lands, the defendants in their answer set up a title to the premises in a third person, and justify their entry under a license from him ; they cannot change their ground upon the trial, and show title in one of the defendants. Or that the plaintiff's grantor was estopped from denying the defendant's title. 5 § 26. Where the defendant pleads only soil and freehold in himself, and issue is joined thereon, he has the right of opening and closing.
What to read after The Law of Remedies for Torts, Including Replevin, Real Action, Pleading, Evidence, Damages?
You can find similar books in the "Read Also" column, or choose other free books by Hilliard, Francis, 1806-1878 to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
308 PLEADING. [BOOK III.
claims, which is prior in date to the title relied on by the plain- tiff. 1 § 23. Under an answer in trespass qu. claus., justifying under A, as owner, the defendant may show an estate in common in A. a § 24. In trespass for taking away goods, under a plea of prop- erty in a third person, evidence of such ownership at the time of the taking is admissible. 3 § 25. Where one alleges a particular title in excuse or justifica- tion for an act which would otherwise be a tres...pass, he is bound to prove the title precisely as he has alleged it. 4 Thus where, in an action for trespass on lands, the defendants in their answer set up a title to the premises in a third person, and justify their entry under a license from him ; they cannot change their ground upon the trial, and show title in one of the defendants. Or that the plaintiff's grantor was estopped from denying the defendant's title. 5 § 26. Where the defendant pleads only soil and freehold in himself, and issue is joined thereon, he has the right of opening and closing.
What to read after The Law of Remedies for Torts, Including Replevin, Real Action, Pleading, Evidence, Damages?
You can find similar books in the "Read Also" column, or choose other free books by Hilliard, Francis, 1806-1878 to read onlineMoreLess
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