
    Abigail Nelson versus Dean Burt.
    Trover lies for cutting and carrying away corn standing and growing.
    Trover for 30 bushels of corn and 500 lbs. of corn-stalks. At the trial on the general issue, in the Circuit Court of Common Pleas, the evidence was, that the corn and stalks were standing and growing on the plaintiff’s land, and that the defendant cut and carried them away at one and the same time; and a verdict being returned for the plaintiff, under the direction of the court, exceptions were filed by the defendant, and the cause came up to this Court under the provisions of the late statute. 
    
    
      Wood, for the defendant,
    insisted that the plaintiff had miscon ceived her action, and that the injury complained of, having been done to the realty, trespass was the only proper remedy.
    
      J. M. Williams for the plaintiff.
    
      
      
        Stat. 1817, c. 185, § 5.
    
   Per Curiam.

The plaintiff had a right to waive her demand foi the trespass done to her close, and sue only for the value of, the property taken, in trover. If the defendant * was in fact a trespasser in entering the close, and cutting down the corn, the property of the corn, when cut, was in the plaintiff, and the taking it away was a wrong, for which the actio?' of trover well lay.

Judgment on the verdict 
      
       1 Chitty, Pl. 176, 4th ed. — 2 Saund. 70, o. — Cro. Eliz. 824
     