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This section contains the nature of the case and procedural background.

Shreeve (P) owned an interest in land upon which D cut timber and carried away considerable quantities of rails, posts, logs, tan bark, etc. P's interest was that of a life estate with the remainder going to the issue of P's mother's children. P sued in trespass and was awarded the damages in full as against D according to the court instructions. D appealed. The action of trespass quare clausum fregit is an action against unlawful entry.

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