Florence v. Lovell

There is only one question in this case, and that is whether the plaintiffs proved that they owned the title to the injured property. The original petition alleged that they owned the house, and. there is no doubt that the damages sought are those which owners of property would be entitled to recover. The action is not for damages to a special possession held by one who was entitled thereto either as one holding under a true owner or as merely holding against a trespasser. By amendment the plaintiffs alleged that they were owners and in possession, but the amendment did not change the cause…