Adams et al. v. Smith
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.