Daisey v. Hudson , 5 Del. 320 ( 1851 )

Chief Justice Booth charged the jury:—that the action being for a trespass to real property, it could be maintained only by a person in the actual and immediate possession of the premises at the time the trespass was committed. The action is for an injury to the possession; and the form of remedy is not merely arbitrary, but necessarily arising from the nature of the injury.

Verdict for defendant.