Grimes v. Butts

This was a'n action of trespass, originally commenced before 1 a justice of the peace, by appellant against appellee. It is alleged that appellee entered upon the premises of appellant and removed a lot of rails from thence, and this action was instituted to recover for the value of the property so taken.

On the trial in the circuit court, appellant proved. the possession of the land from whence the rails had been taken, and the value, and rested bis case.

Appellee sought to justify the taking on the ground that the premises where the rails were situated were a part of the estate of Michael…