Kisciras v. Merritt

Kimball, Chief Justice.

The plaintiffs sued to recover from defendant damages alleged to have been caused by the presence of defendant’s cattle and horses on lands of plaintiffs between June 1 and November 1, 1929. The case was tried without a jury, and the court, on defendant’s motion at the conclusion of plaintiffs’ evidence in chief, gave judgment for defendant. The plaintiffs appeal.

The allegations of the petition are substantially these: Plaintiffs at all times mentioned were “the owners of and possessed of a legal estate in, and were entitled to use and occupy” some 15 sections of land…