Smith v. Highland Mary Mining, Milling & Power Co.

Defendant in error had verdict and judgment against plaintiffs in error in a suit based on their entry on its property and their taking therefrom certain personal property, machinery, tools, etc., of the plaintiff, and they bring the case here by writ of error. The court directed a verdict for plaintiff and left to the jury the question of damages only, instructing them to include therein the value of replacing the improvements and the value of the personalty.

The defendants justified their entry by virtue of tax deeds purporting to convey “nine and thirty-two hundredths (9.32) acres of the…