Clark v. Carlton

The plaintiff, at the time the horse was taken, had neither possession, nor the right of possession; an action of trespass, therefore, which is founded on possession, is not maintainable on the facts of this case. The plaintiff’s remedy was by an action of trover founded on his property in the horse. 4 D. & E. 489, Ward. vs. Macauly & al. — 8 Johnson 432, Putnam vs. Wyley.

Judgment for the defendant.