Jeremy v. Bertagnole

McDonough, justice.

Appeal from a judgment in favor of defendants and in-terveners, respondents here, and against appellant.

The action was brought to enjoin defendants from trespassing over lands of appellants in Summit and Morgan Counties. The particular trespass alleged was the driving of some 2,700 head of sheep over such lands in June, 1988. Prior trespasses thereto and threatened future trespasses, unless enjoined, were averred. Defendants by their answer admitted that in June, 1938, and at divers other times prior thereto they had driven sheep across appellant’s lands, but alleged that…