Alderson v. Ennor

This was an action of assumpsit on the common counts, brought to the Jo Daviess Circuit Court, by William Ennor against Samuel Alderson, and a verdict and judgment for the plaintiff.

To reverse this judgment the record is brought here by appeal.

The only point made here is upon the instructions given to the jury.

The case was briefly this: Plaintiff and defendant were owners of adjoining tracts of land in the lead mine region not separated by any visible line. The defendant was also a joint owner, with one Williams, of land adjoining his land on the east.

It is the custom prevailing in that…