Lackawanna Ice Co. v. Weingartner

Opinion by

Mr. Justice Linn,

Plaintiffs, who are lessor and lessee, filed their bill against defendants, now appellants, averring that defendants had pulled down a fence which the plaintiffs had constructed on their own land. They averred the title under which they hold and that their land includes almost all of Lake Poponoming. They also set forth the title by which the defendants hold and say of it that the tract so conveyed to defendants “includes the small portion of Lake Poponoming not owned by” the plaintiffs. They averred that defendants’ purpose in pulling down the fence was to afford…