Newcombe v. Irwin

This is an action of trespass quare clausum, begun in justice’s court. The plaintiff did not claim title by her declaration, but the defendant gave notice that title would come in 'question, and the case was certified to the circuit court.

On the trial in the circuit court the plaintiff gave evidence that she occupied the west half of a certain quarter section *621of land which she had purchased three years before; that the defendant Pliny Irwin occupied the east half of the same quarter section; that a line fence divided their respective possessions and each had cultivated the land up to this…