Gale v. Davis

*545 Opinion of the Court, delivered by

Tompkins, Judge. *

This was a suit commenced by Davis against Gale before ajustice of the peace. Judgment was rendered for Gale, and Davis appealed to the circuit court, where Davis obtained a judgment, to reverse which Gale has sued ■out this writ of error.

On the trial of this cause, it was proved that Davis, the plaintiff in the circuit court and the defendant in error, purchased from the United States the east half of the south east quarter of section No. 12, in township No. 64, and range No. 12, west; and that, afterwards, Gale had carried away rails from…