
    Samuel Stone versus Calvin Hubbard.
    tVTerc the geneva! issue is pleaded in an action of trespass quare clausum brought before a justice of the peace, the plaintiff is not obliged to prove that he was in thtt exclusive possession of the close.
    Trespass quare clausum, originally brought before a jus tice of the peace. Plea, the general issue.- In the Court of Common Pleas, the plaintiff proved that lie planted and cultivated corn on the close, but did not prove any other title. The defendant contended, that it was incumbent on the plaintiff to prove that he was in the exclusive possession at the time of the alleged trespass ; but Cummins J. titled that such evidence was unnecessary, and that inasmuch an the defendant had pleaded the general issue, he was not at. liberty to controvert the plaintiff’s title or possession. To this decision the defendant excepted."
    
      T. Fuller and B. Russell, for the defendant,
    cited St. 1783, c. 42, § 2, 6, 7. [Revised Stat. c. 85, § 1, 3, 6, 11.]
    
      Farley, for the plaintiff,
    cited Lynch v. Rosseter, 6 Pick. 419.
   Per Curiam.

The objection made by the defendant was rightly disallowed. If he meant to controvert the title of the plaintiff, he "should have put it in issue in limine, by pleading it.

Exceptions overruled  