Gano v. Cunningham

*301The opinion of the court was delivered by

West, J.:

The petition alleged that the plaintiff was the owner and in possession of a quarter section of land, all in cultivation and used by him for raising wheat; that the defendant occupied another quarter of the same section, and farmed still another, “and for some time last past in going to and from his home place to the said rented land, he has unlawfully entered upon the. said premises of said plaintiff, near the north line thereof and used the same as a public highway, thereby destroying plaintiff’s growing crop; that on or about the 8th day of…