Shafer v. Smith

This was an áction of trespass for breaking the close of the plaintiff, (the appellee,) and erecting thereon a wall, by which she was prevented from using the water in her well. The defendant pleaded not guilty, and at the trial offered evidence, to prove the well did not belong to the plaintiff; that it was on the land of the defendant, and her property, and that the plaintiff had only a right to use the water in it; and upon this evidence moved the court to instruct the jury, that if they believed the well was ’he property of the defendant, the plaintiff could not ih this action recover…