Cozad v. Strack

— Plaintiffs Mr. and Mrs. Cozad own and occupy as their home Lot 25, Block 10, Mid City Addition to the city of Council Bluffs. Defendants Mr. and Mrs. Straek own and occupy as their home Lot 24, adjoining 25 on the south. Plaintiffs’ action is in two counts. Count I is a special action under chapter 650, Codes 1958, 1962, to ascertain and establish the boundary between the two lots. Count II asks treble damages under Code section 658.4 for willfully cutting down two trees on the strip of ground in dispute. Following trial to the court plaintiffs had judgment on both counts. Defendants…