Cobine v. McKittrick

This is a proceeding to recover damages for an injury to real property, originally brought before a justice of the peace in Madison county. Upon appeal to the circuit court of that county the case was tried without a jury, resulting" in a judgment for plaintiff for $15, from which defendant appeals directly to this court.

Appellee contends the appeal does not lie to this court, no freehold being involved. The evidence shows that the fee to the land (where the acts complained of were committed) was claimed by both parties, and the defendant attempted to justify his acts under his claim of…