Harris v. Krekler

Crumpacker, J. —

In our consideration of this case, we are met at the very outset with a disagreement of counsel as to its nature and theory, and the situation presented by this appeal is somewhat unusual in that there can be little or no disagreement as to the law applicable when once the prevailing theory is determined.

Appellee’s complaint alleges in substance that she is the owner and entitled to the immediate possession of certain lands in Vermillion County. That on or about the 2nd day of March, 1939, the appellant wrongfully entered 'upon said real estate with men, trucks and steam…