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HENRY BARTLETT v. EDMUND SIMMONS.

The acts of going yearly, for a few weeks at a time, to get rails and other timber off of land, though only valuable for timber, do not amount to such an exercise of ownership as will ripen a defective title, or give an action of trespass quare clausum fregit.

PEARSON, J.

The acts of the plaintiff, and those under whom he claims, in getting rails off of the land from year to year, were separate and unconnected trespasses, and do not amount to the exercise of such ownership as will ripen a title, or give the right to maintain an action of trespass, q. c. f. The doctrine on this subject is discussed, and all the cases collated in Loftin v. Cobb, 1 Jones' Rep. 406. There is no error.

PER CURIAM. Judgment affirmed.

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BARTLETT v. SIMMONS
(Jun 1, 1857)