Case v. Benedict
Case v. Benedict
Opinion of the Court
The plaintiff having dealt with the committee as the committee of the school district, of which he
The unauthorized and wholly unwarrantable act of the plaintiff, in getting possession of the deed, under color of doing an official act of duty as moderator of the district meeting, could not devest the title of the district, acquired by the execution and delivery of the deed.
But it is said that, at the time of the alleged trespass, the plaintiff was in actual possession, not having surrendered it, and therefore, trespass quare clausum fregit would lie. But this does not follow; if he was in possession, he was so of his own wrong; the right of possession followed the right of property, and the title being in the district, the entry of any committee man, or other member of the district, was not a wrong done to the plaintiff.
Judgment for the defendants.
Reference
- Full Case Name
- Timothy S. Case v. Elias Benedict & others
- Status
- Published