Town of Center v. Collier

Hurlbut, J.,

rendered the opinion of the court.

On January 8, 1912, plaintiff in error (plaintiff below, and herein called plaintiff) instituted this action against defendant, to recover possession of a piece of land within its corporate boundaries. The complaint alleges that plaintiff is the owner of an easement'over, and entitled to the possession of, a certain street known as Hurt street; that defendant is in possession and has refused to deliver possession after demand thereftir; and that defendant wrongfully withholds possession from plaintiff.

The answer admits that defendant is in…