Sheldon v. Mull

Searls, C.

Ejectment to recover a strip of land.

The jury rendered the following verdict: —

“ We, the jury in the above-entitled cause, find for the defendant, on the ground that he has not had possession of any of the land sued for.”

Plaintiff and defendant were adjoining owners of land.

In December, 1881, defendant constructed a fence, apparently as and for a line fence between himself and plaintiff, but which was not on the line, being over on plaintiff’s land, and leaving a narrow strip thereof on defendant’s side.

*300The fence did not make an enclosure, extending only a portion of the way along…