Spacy v. Evans

This is an action by the appellee against the appellant for a trespass by appellant in wrongfully entering upon the lands of the appellee, as alleged, and cutting down, and removing therefrom a growing hedge. Answer in denial, and a special plea stating, in substance, that the land on which the hedge stood belonged to the mother of the appellee; that appellant purchased the hedge from her; that upon her death the appellee inherited said lands, and had knowledge of such purchase, but had not forbidden appellant to remove such hedge.

A demurrer to this paragraph was sustained, and this decision…