Friday, October 10, 2014

Dougherty v. Stepp case brief summary

  1. Dougherty v. Stepp case brief summary

    F: cause of action: trespass quare (why) clausum (enclosure) freigit (break). where for did you break the enclosure?
    D had entered on the unenclosed land of the P, with a surveyor and chain carriers, and actually surveyed a part of it, claiming it as his own, but without marking trees or cutting bushes.
    He entered with the belief that it is the his land...(mistake case=wolf case)
    I: Whether entering on the unenclosed land of someone with surveyor and chain carriers, without marking trees or cutting bushes is violation of trespass.
    Rights in land to trespass is not necessarily break the things, because this case is unenclosed land. (important point in this case). Don’t need to break, this is not element.
    R: It is not necessary that there be actual physical injury to the land in order to maintain an action in trespass A: It is an elementary principle, that every unauthorized, and therefore unlawful entry, into the close of another, is a trespass. From every such entry against the will of the possessor, the law infers some damage.
    C: reversed, new trial
    Co: [In Rem: rights in thing
    Re: in what matter
    No adverse possession against government.
    3 types of trespass 

    1. Enter without authorization, (unauthorized entry)
    2. Enter without authorization Remain without authorization (unauthorized remaining) 3. Enter, remain with authorization but limited conduct exist (unauthorized purpose)

    Good faith is not a factor in determining trespass Plz look up wolf case

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