Cox v. Barker

This cause was heretofore transferred by this court to the supreme court on the theory that its decision involved the title to land- in the constitutional sense, and hence jurisdiction of the appeal taken herein was vested in the supreme court. That court, however, held that it had no jurisdiction of this cause for the reasons given in an opinion filed herein, and re-transferred the same to this court.

The suit is for an alleged trespass in the removal of a “two wire and post fence,” alleged to have been put by plaintiff on land in his possession to inclose his field at or near the boundary…