Wallace v. Butler — 2 Del. Cas. 198

Majority

p. 198

JOHN WALLACE v. JOHN BUTLER.

Court of Common Pleas. Kent.

December 6, 1803.

Rodney’s Notes.

H. Ridgely [for plaintiff]. Clayton [for defendant].

Defendants say the loom belonged to Letitia Jones. She lent it to John Wallace until she wanted; she went after it and took Butler, the defendant, with her to bring it home. Plaintiff’s wife did not object (only wished her to lend it to her a while longer) and they took it peaceably. Butler was to buy it if she would deliver it out of the house.

Ridgely.

Esp.N.P. 380. Trespass any injury by force, etc. 5 Bac.Abr. 159. Esp.N.P. 403. Possession sufficient to maintain trespass. 5 Bac.Abr. 203. Justification admits property in plaintiff generally.

Clayton for defendant.

3 Bl.Comm. 212. 3 Wils. 377. 2 Term. 156, 157, 158.

Ridgely in conclusion.

Justification in this case does not admit the property in plaintiff. Defendant might enter the house, demand the loom and (if not opposed) in a peaceable manner take it away if she had lent it; if it was not her property, defendant was a trespasser in aiding and assisting as a principal. So also if it was taken from the house in a forcible manner though her property.

Verdict for defendant.