Caston v. Perry

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.