Ballenger v. Windes

Action to recover possession of certain real estate described in the petition. Verdict and judgment for plaintiffs and defendant appealed.

The petition alleges that plaintiffs are entitled to the possession of said real estate, and that defendant unlawfully withholds same from plaintiffs; that defendant committed various acts of waste on said land, planted and harvested one crop, and is growing a second crop thereon, all to plaintiffs’ damage in the sum of $1000. The petition prays for possession of said lands and damages in the sum of $1000.

The answer contains (1) a general denial, and (2) it…