Masten v. Olcott

Learned, P. J.:

This is an action of ejectment. The plaintiff claims title to a lot of some three acres. The defendant, Adelaide Olcott, claims title to a part of that lot, being about one acre. On the trial it was shown by the defendants that, prior to commencement of this action, John Olcott, claiming in his complaint to be a tenant of Adelaide Olcott of this acre, brought an action of trespass in a Justice’s Court, for injury done by Masten’s cattle to his crops. The complaint alleged possession only. The answer of Hasten denied the allegations, and averred possession in himself for the…