Bailey v. Papina

By the Court,

Leonard, O. J.:

This is an action to recover damages for an alleged trespass upon certain unsurveyed public lands, known as the “ Pines,” and for equitable relief by injunction. Plaintiff’s allegations of ownership, possession, and right of possession of the locus in quo at the time of the alleged trespass, and his allegation of damages, are denied in the answer. Defendant alleges ownership, possession, and right of possession in himself. Plaintiff recovered judgment for one dollar, damages, and defendant was perpetually enjoined from “using or diverting any of the water upon,…