
    Durkee v. Varnum.
    After a defendant in Ms plea lias confessed iiimself guilty of committing a trespass, lie cannot justify by setting up title.
    Action of trespass brought before a justice for throwing down tbe plaintiff’s fence, carrying away bis rails, and eating up bis grass; demanding forty shillings damage.
    
    Tbe defendant before tbe justice plead — That true it was be was guilty of doing tbe trespass complained of in tbe plaintiff’s declaration, but bad good right to do it; for that be was tbe proprietor and legal owner of tbe land whereon said trespass was said to have been committed.
    Tbe plaintiff traversed this plea in tbe County Court where said cause was tried, and appealed to this court, and tbe parties were at issue to tbe court upon tbe same facts.
   By the Court.

The defendant has confessed himself guilty of tbe trespass; after this if tbe court should find that be was proprietor and legal owner of tbe land it would not justify him, for a man may be guilty of a trespass upon land of which be is the' legal owner, where another has tbe right of possession and improvement. The cause was ordered to be erased from tbe docket.  