Davis v. Easley
Illinois Supreme Court
This cause was heard before Minshall, Judge, at the August term, 1850, of the Schuyler Circuit Court. The opinion of the court contains a full statement of the case.
1Opinion of the CourtTreat, C. J.
This was an action of replevin brought by Davis against Charles and Thomas Easley, for the recovery of a quantity of boards. The boards were found by the sheriff in the possession of the defendants, and delivered to the plaintiff. The defendants pleaded two pleas: First. Non cepit. Second. That the boards were the property of the defendants, and not the property of the plaintiff.
It appeared in evidence, on the trial, that, in February, 1849, two cherry-trees were standing and growing in the open and uninclosed woods, on a tract of land in Schuyler county, known and designated as one hundred…
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