Sturman v. Colon

This was an action of trespass guare clausum fregit, brought by appellee, in the Livingston Circuit Court, against appellant. The declaration describes the locus in quo as being the close of the plaintiff, situate in the county of Livingston, and State of Illinois, and by the section, town and range. Defendant filed several pleas; first, the general issue; second, a plea of license, upon both of which issue to the country was joined. The third plea avers that the cattle were free commoners upon unenclosed lands adjoining the plaintiff’s close, and that he had no sufficient fence to turn…