Stoll v. Curl

This is a suit to quiet title to a fifteen-foot strip of land formerly owned by defendants to which plaintiffs now claim ownership by adverse possession. Plaintiffs also seek to recover damages as a result of defendants’ removal of plaintiffs’ fence constructed on the disputed strip by plaintiffs. The trial court entered a decree quieting title in plaintiffs and allowing $250 damages for the trespass. Defendants appeal. Plaintiffs cross-appeal, assigning as error the court’s action in denying their motion for a jury trial on the trespass issue and in failing to award damages for mental…