Adams et al. v. Smith

Case # 000173, 000731

Appellant/Plaintiff

John Adams Sr., Peter Philips, Jacob Philips

Appellee/Defendant

Chauncey Smith

Appellant/Plaintiff Attorneys

  • McRoberts, Hubbard

Appellee/Defendant Attorneys

  • Alfred Cowles

County of Origin

Franklin County

Justice

Justice Samuel D. Lockwood

Terms of Court

December 1828

Type of Case

Trespass Quare Clausum Fregit

Disposition

Affirmed

Citation

1 Ill 283

Case Summary

Smith sued Adams and others in an action of trespass quare clausum fregit for taking apple trees and other trees. Adams and others pleaded not guilty, justifying their actions under a justice of the peace execution. The court sustained the Smith's demurrer, leading to a trial where the jury found in favor of the Smith for $130. Adams and others appealed, claiming errors in sustaining the demurrer and overruling a motion for a new trial. The Illinois Supreme Court affirmed the judgment, stating that fruit trees are part of the freehold, correctly sustaining the demurrer and rejecting the claim on a new trial.

Illinois Reports File