Bradley v. Shelton

Bell, Justice.

In the instant suit for injunction and damages, the plaintiff alleged that he and the defendant were owners of adjacent city lots, that the defendant was digging a ditch for the purpose of laying a sewer, and in doing so is encroaching upon the property of the plaintiff. The defendant denied that the ditch would traverse any portion of the plaintiff’s lot, and also asserted affirmative defenses. By the pleadings and the evidence the ease was resolved into a dispute as to boundary. Soon after the introduction of evidence had begun, the defendant, in response to inquiry by the…