
    Sally Caston et al. v. Jackey Perry.
    At Lancaster, Fall Term, 1830, before Mr. Justice Gantt.
    In trespass quare clausum fregit, the defendant, under the general issue, was permitted to give in evidence, in mitigation of damages, certain deeds, which vested in him an apparently good paper title; and on appeal, a motion for a new trial on this ground was refused. Vide 3 M’C. 66.
    Clinton, for the motion.
    Blanding, contra.
    
   Johnson J.

The circumstances attending a trespass necessarily enter into the estimate of damages If one enter on the lands of another with actual force and violence, it is an aggravation of the damages ; but if the entry is peaceable, and under an apparently good title, it is a reason why the jury should give no more damages than were actually sustained. In this view the deeds were properly admitted.

O’Neall J. and Harper J. concurred.

Motion refused.  