Tison v. Broward

The Chief Justice

delivered the opinion of the court.

Plaintiff declared in trespass guare clausum fregit, describing the lands as in sections 19 and 20, township 1, range 27, east, being part of the “Broward tract,” and alleges the cutting down of trees, &c., the lands being the close of the plaintiff. Defendant pleads not guilty; and, further,-that the land upon which the alleged trespass was committed, and timber and trees cut and removed, is the fee simple property of defendant, and the timber removed was his property. There is another plea that defendant was the owner, and in the rightful…