Klitzke v. Ebert

Upon this appeal Ebert contends that during the trial there were errors in several respects which were prejudicial to him. His first contention is that although he expressly denied by allegations in his answer the allegations in plaintiffs’ complaint that they owned the eighty acres, on part of which they claimed Ebert committed the alleged trespass, plaintiffs failed to prove on the trial that they had title to that land; and that as it appears from undisputed proof that the land was unimproved, uncultivated, and wild, and there was no proof that plaintiffs were in actual possession thereof,…