Shoup v. Shields

Citations

• 116 Ill. 488

Syllabus

<p>1. Trespass guare clausum fregit—as a possessory action—proof of title in the plaintiff. In trespass guare clausum fregit for damages in cutting down the plaintiff’s hedge, it is not necessary that he prove title to the land by a chain of conveyances from the government down to himself. It is enough for him to show possession of the premises alone, to entitle him to recover.</p> <p>2. Same—;justification — opening highway—cutting down a hedge not within the lines of the highway. Parties acting as commissioners of highways can not justify their entry upon the close of one and cutting down a hedge thereon, as having been done by them in opening a public highway laid out, where the proof shows that the greater part of the hedge cut down was not within the lines of the highway.</p> <p>3. Parties—in trespass for cutting down a hedge wholly on the land of one person. Where a hedge is not on the line between two tracts owned by different persons, but wholly on the land of one, the latter may maintain an action for its injury, in his own name. It is only when a hedge is on the line between different owners, that the question of co-tenancy as to it can arise.</p>