McDowell v. Jones

Mr. Presiding Justice Bigelow

delivered the opinion of the court.

This is an action of trespass quare clausum fregit, brought by appellant against appellees, in the Circuit Court of Lawrence County, for breaking and entering appellant’s close, in the city of Sumner, where he resided, and excavating and carrying away the soil therefrom, and treading and destroying the grass thereon, and other 'injuries to his premises.

Appellees filed a plea of not guilty. The case went to a trial by a jury, on the declaration and plea of not guilty. The only ground of defense, as shown by the evidence, was that…