Brown v. Carter

This was an" action of trespass under the statute to recover treble damages for removing from the land described in the petition certain fencing.

The answer denied the allegations of the petition, and for *47further defense to the action alleged that defendant being the owner of a larger tract, including the parcel of land on which the trespass is claimed to have been committed, conveyed the said last mentioned tract by deed of gift to his son John Carter, and being in doubt as to the true boundary between them, in reference to the fence, reserved said fence, and that in the sale of the same…