Tomhave v. Vortman

There was a finding and judgment for the defendant in this action of trespass, brought by the appellant, Claus Tomhave, against the appellee, Richard H. Vortman, in the circuit court of Morgan county, on a trial before the judge without a jury, and an appeal was taken to this court.

There were two counts in the declaration, each charging the defendant with cutting osage orange hedge trees of the plaintiff. The pleas were, not guilty and liberum tenementum. The plaintiff joined issue on the plea of not guilty and traversed the plea of liberum tenementum by a replication, on which the defendant…