
    Joseph D. Lynch versus Noah Rosseter.
    Where in an action of trespass qu. cl. Jr. brought" before a justice of the peace, the defendant pleads only the general issue, he cannot give evidence that the plaintiff was not in possession of the land, for that brings the title in question.
    This was an action of trespass quare clausum fregit brought originally before a justice of the peace. The general issue only was pleaded. Judgment was rendered for the defendant, and the plaintiff appealed. Upon the trial in the Court of Common Pleas the plaintiff proved the alleged trespass, and the defendant offered evidence to prove that at the time of the trespass the plaintiff was not in possession of the land. Strong J. rejected this evidence, on the ground that it brought in question the title to real estate, and so was precluded by St. 1783, c. 42, § 2, [See Revised Stat. c. 85, § 1,] and this Court were of the same opinion. The judgment of the court below was accordingly affirmed.
    
      Dwight and Kellogg, for the plaintiff.
    
      Hubbard and Bishop, for the defendant,
    cited Taylor v Townsend, 8 Mass. R. 411; Chambers v. Donaldson, 11 East, 65.
     